REQUEST FOR PROPOSALS: PRIME SUPPLY - FOOD SERVICE
PRODUCTS
Related To
THE BROCKPORT AUXILIARY SERVICE CORPORATION
THE COLLEGE AT BROCKPORT
STATE UNIVERSITY OF NEW YORK
Campus Visit Available:
January 20, 2016 between 9:00 AM and 3:00 PM
Deadline for Submissions:
February 12, 2016 at 4:00 PM
Authorized Contact:
Richard Reynolds
Assistant Director of Dining / Executive Chef
Brockway Hall
The College at Brockport
Brockport, NY 14420
Tel 585-395-5269 / Fax 585-395-2336
E-mail: richard.reynolds@basc1.org
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
TABLE OF CONTENTS
INSTRUCTIONS TO PROPOSERS............................................................................................................. 1
1.
2.
3.
4.
6.
7.
8.
9.
10.
INTRODUCTION ............................................................................................................................. 1
IMPORTANT DATES, ADDRESSES AND CONTACT INFORMATION ............................................ 2
GENERAL PROPOSAL REQUIREMENTS ...................................................................................... 4
CONTENTS OF TECHNICAL AND FINANCIAL PROPOSAL ........................................................... 6
MODIFYING YOUR PROPOSAL...................................................................................................... 8
WITHDRAWING YOUR PROPOSAL ............................................................................................... 9
PROPOSAL EVALUATION .............................................................................................................. 9
RESERVATION OF RIGHTS.......................................................................................................... 10
GENERAL PROPOSAL CONDITIONS ....................................................................................... 10
EXHIBIT A COLLEGE AND CORPORATION DESCRIPTIONS ............................................................... 1
EXHIBIT B FOOD SERVICE LOCATIONS ............................................................................................... 1
EXHIBIT C SCHEDULE OF OPERATIONS .............................................................................................. 1
EXHIBIT D COLLEGE CALENDAR.......................................................................................................... 1
EXHIBIT E ACCOUNTING PROCEDURES .............................................................................................. 1
EXHIBIT F DELIVERY PROCEDURES .................................................................................................... 1
EXHIBIT G SUPPORT AND VALUE-ADDED CONSIDERATION ............................................................ 1
FORM 1 PROPOSER QUESTIONNAIRE ................................................................................................. 1
FORM 2 – ITEM | STOCK UNIT | PRICE SHEET – TOP 100 ITEMS..................................................... 1
FORM 3 –FINANCIAL PROPOSAL ............................................................................................................ 1
FORM 4 – CONTRACT TEMPLATE ........................................................................................................... 1
SECTION 1 – DEFINITIONS ...................................................................................................................... 1
SECTION 2 – TERM ................................................................................................................................... 2
SECTION 3 – SCOPE OF SERVICES – GENERAL .................................................................................... 2
SECTION 4 – INSURANCE ........................................................................................................................ 4
SECTION 5 – ASSUMPTION OF RISK AND INDEMNIFICATION; WAIVER............................................... 6
SECTION 6 – CONTRACTOR’S INDEPENDENT STATUS ........................................................................ 7
SECTION 7 – SUBCONTRACTORS .......................................................................................................... 8
SECTION 8 – USE OF NAME; ADVERTISING, DISPLAYS ........................................................................ 8
SECTION 9 – TERMINATION .................................................................................................................... 8
SECTION 10 – COMPLIANCE WITH LAW ................................................................................................. 9
SECTION 11 – PERIOD OF LIMITATION ................................................................................................... 9
SECTION 12 – SUNY RELATED ENTITY REQUIREMENTS ..................................................................... 9
SECTION 13 – CONTRACT DOCUMENTS ................................................................................................ 9
SECTION 14 – REPRESENTATIONS AND WARRANTIES........................................................................ 9
SECTION 15 – MISCELLANEOUS ........................................................................................................... 10
APPENDIX I ............................................................................................................................................. 15
STANDARD CONTRACT CLAUSES ........................................................................................................ 15
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
INSTRUCTIONS TO PROPOSERS
1.
INTRODUCTION
1.1. General. This Request for Proposals (“RFP”) is issued by the Brockport Auxiliary Service
Corporation, a New York not-for-profit corporation with office located at 350 New Campus Drive,
Brockport, New York 14420 (“Corporation” or “BASC”)). In this RFP references to “we”, “us” or
“our” mean the Corporation, and references to “you” or “your” mean each and every respondent to
this RFP.
1.2. Objective. Our objective is to select a Primary Distributor of Food Service Products for the
Corporation. Our goal is to partner with a firm that will help BASC form a more strategic approach
to supply chain management.
1.2.1. It is expected that the winning vendor will enter into a written agreement with the
Corporation setting forth the terms and conditions of the services to be provided (the
“Contract”).
1.2.2. We are looking for a relationship that will distinguish itself by providing high value and
satisfaction and be viewed as successful by both parties as well as the College at Brockport,
State University of New York, (the “College”) community. We will favorably consider proposals
that reflect the characteristics of the College and consider its particular needs.
1.3. Term of Contract. We anticipate that the term of the Supply Contract will be five (5) years with
two (2) renewal options each of one (1) year.
1.4. Exhibits. The following Exhibits are attached and are hereby incorporated into this RFP:
Exhibit A – Description of College
Exhibit B – Food Service Locations
Exhibit C – Schedule of Operations for College Cafeteria
Exhibit D – College Calendar
Exhibit E – Accounting Procedures
Exhibit F – Delivery Procedures
Exhibit G – Support and Value-Added Consideration
You must meet all of the requirements of Sections 2 through 4 below (“Requirements”) on or before
the Proposal Due Date and Time listed in Section 2.1.
We reserve the right to determine that you have substantially met the Requirements and/or to ask
for additional information.
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
2. IMPORTANT DATES, ADDRESSES AND CONTACT INFORMATION
2.1. Important Dates
Event
Date
Release of RFP
December 18, 2015
Campus Visit Available
January 20, 2016
Question Submission Deadline
January 29, 2016
Projected Date of Response to Questions
February 5, 2016
Proposal Due Date
February 12, 2016
Projected Date of Contractor Selection
March 25, 2016
Desired Start of Contract
May 20, 2016
2.2. Campus and Proposer Site Visit.
2.2.1. BASC will offer optional conferences with proposers to be scheduled on January 20, 2016
between 9:00 AM and 4:00 PM.
2.2.2. Proposers choosing this option should meet at Brockway Hall located on Residence Drive
on the College Campus no later than 3:00 PM ET.
2.2.3. Please arrange your firm’s Campus Visit
by contacting Ms. Jean Gilman at
(585) 395-2497; jean.gilman@basc1.org. Your attendance should also be confirmed at
least 24 hours in advance of the meeting.
2.2.4. All vehicles parking on campus must have a parking pass. These passes may be picked up
at the Raye H. Conrad Welcome Center located at the corner of New Campus and
Commencement Drives. Please plan accordingly.
2.2.5. One purpose of the Campus Visit is for you to see the campus and ask questions about
the scope of the supply contract and the conditions under which it is to be performed. Your
investigation of the existing conditions and the scope of the supply contract is crucial. Your
proposed performance of the supply contract represents a binding obligation and you will be
responsible for any obligations you may have with respect to this RFP or to the supply
Contract, if awarded to you.
2.2.6. Proposers will be expected to arrange a visit to their site by members of the BASC
evaluation team.
2.3. Contact with Corporation and Questions.
2.3.1. You must direct all your communications regarding this RFP to the following authorized
contact (the “Authorized Contact”), unless this RFP specifically provides otherwise. Do not
contact anyone else at the Corporation, the College or SUNY.
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
2.3.2. The Authorized Contact is:
Chef Richard R Reynolds
Assistant Director of Dining/Exec. Chef
Brockway Hall
The College at Brockport
Brockport, NY 14420
Tel 585-395-5269 / Fax 585-395-2336
richard.reynolds@basc1.org
2.3.3. If you have any questions about this RFP, including requests for interpretation or
correction, send them to us before submitting your proposal. Send all questions, in writing,
and by the Question Submission Deadline listed in Section 2.1, to the Authorized Contact.
2.3.4. Any questions or requests for clarification should be by email communication prior to the
Proposal Due Date and Time listed in Section 2.1 and will be shared with all respondents to
this RFP. We will respond to your questions and issue any clarifications and amendments to
the RFP, as we may deem necessary, in the form of written Addenda to this RFP. We will
send each such Addendum to all respondents to this RFP by mail, e-mail, facsimile or
courier. We are not responsible if you fail to receive an Addendum.
2.3.5. All Addenda are a part of this RFP, and are binding on you whether or not you receive
them. We encourage you to verify with the Authorized Contact that you have received all
Addenda before submitting your proposal. Only answers, clarifications and amendments
we give in a written Addendum are binding on us. We are not responsible for the
accuracy of information given orally.
2.4. Submission of Proposal.
2.4.1. Proposals are to be prepared according to the instructions in Sections 3 - 6 and
submitted in both electronic format (Word, Excel, PDF) and in hardcopy, preferably bound.
2.4.2. We must receive your proposal on or before the Proposal Due Date and Time listed in
Section 2.1 at the following address:
Brockport Auxiliary Service Corporation
The College at Brockport
350 New Campus Drive (mailed)
Brockway Hall (delivered)
Brockport, New York 14420
Attn: Jean Gilman, Executive Administrative Assistant
2.4.3. You are solely responsible for ensuring that your proposal arrives on time at the proper
location.
2.4.4. We will not accept faxed proposals.
2.4.5. There will be no public meeting for the opening of proposal documents.
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
3. GENERAL PROPOSAL REQUIREMENTS
3.1. Prepare and submit one original and one (1) complete copies of your proposal. Include in your
submission the following materials, completed, and with all required signatures and attachments:
 Technical and Financial Proposal with the information listed in Section 4
 Form 1 – Proposer Questionnaire and Certification of Proposal
 Form 2 – Item Specifications
 Form 3 – Summary of Financial Proposal
 This RFP document
 Any Addenda
Do not sign Form 4 (Contract Template) at this time.
3.2. Mark clearly all information submitted in your proposal with the Section and Subsection number to
which it is responsive.
3.3. Make sure that the information in your proposal is consistent throughout.
3.4. If you think that any of the information in your proposal is a trade secret or is proprietary, or if you
are required to keep certain information confidential because of a prior contract, you must submit
this information in a separate sealed envelope marked “CONFIDENTIAL PORTIONS OF
PROPOSAL.” We will not consider any request that an entire proposal be kept confidential.
Similarly, pricing information, discounts, makes, model and catalog numbers of goods offered,
terms of delivery and terms of payment are not considered proprietary and you must not
designate them as such. To the extent permitted by law, we will deny public access to information
submitted as described in this paragraph. If you fail to follow these instructions, we will not be
responsible for the confidentiality of the information.
3.5. Indicate on Form 1, Item 22 any deviations from this RFP. Do not make changes to the
RFP documents themselves.
3.5.1. Unless you indicate otherwise on Form 1, Item 22, we will assume that you agree to
the proposed terms and conditions set forth in this RFP. We reserve the right to
accept or reject any changes you suggest.
3.6. Include all discounts, incentives or other financial considerations in your financial proposal, even if
not specifically mentioned in this RFP.
3.7. All pricing is to be done on a “COST PLUS” vendor mark-up for each item. Vendor mark-up
defined for this request for proposal means, a single fixed percentage to remain in effect for the
length of the Contract.
3.8. We define “base cost” as: your F.O.B. cost, plus freight on any given items from its point of origin
to your dock.
3.9. Payment will be made by BASC to your company within thirty (30) days of BASC’s receipt of the
proper invoice therefor. Invoices must contain the ordering unit number, list each fee item
separately, and include sufficient detail for each line item to enable BASC to verify the calculation
thereof. Payment will be refused on unsigned invoices. BASC will consider shorter terms of
payment of invoices or direct payment electronically where there are discounts or incentives for
such payments.
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
3.10. The Corporation is exempt from the payment of any federal, state and local sales and use taxes.
Do not include these taxes when proposing prices for goods or services to be purchased by the
Corporation.
3.11. Sign your proposal. Your proposal must be completed in the legal name of your company and
must be signed by an authorized person.
3.12. Your proposal should offer your best and final terms. We reserve the right to award a contract on
the basis of your submitted proposal without further discussion. Do not include ideas or concepts
in your proposal that you are not prepared to implement should you be awarded the Contract.
3.13. Seal your proposal. The sealed envelope must clearly state: (i) your company’s name and
address, (ii) the title of this RFP, and (iii) the date and time the proposal is due.
3.14. By signing and submitting your proposal, you affirm that you have read this RFP, including but
not limited to the Contract (Form 4), accept its terms, and are able and willing to sign the
Contract if your proposal is selected, subject only to any changes negotiated and agreed to by
both of us. The issuance of a letter of intent to award or similar document does not require or
commit us to enter into the Contract with you until all terms and conditions are negotiated and
acceptable to us. In the event of any inconsistencies between your proposal and the RFP, the
language of the RFP will control unless we have specifically agreed in writing to accept the
terms from the proposal.
3.15. There will be no public meeting for the opening of proposal documents.
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
4. CONTENTS OF TECHNICAL AND FINANCIAL PROPOSAL
All Proposers must respond to Section 4.1. Additional information is required depending on what
services are included in your proposal(s). You must also fill out the portion of Form 3 applicable to your
proposal(s).
4.1. Your proposal must include the following information:
4.1.1. Company Profile. Provide the following:
4.1.1.1. A brief history of your company’s presence in the industry, especially as it relates to
the higher education market, including revenue levels, number of current accounts,
years in business, and number and make-up of staff.
4.1.1.2. Evidence that your company has a minimum of three (3) years of successful business
experience performing comparable services to those under this RFP. Provide a list of
your company’s current corporate and educational clients. For those clients in the
Monroe county area, include the following information:
Name and address of the company
Name and title of client contact
Telephone number of client contact
Period of service
Revenue level for each account
4.1.1.3.
Former clients: Provide a list of companies where your company’s services
have been terminated (either by your company or by the client) within the past three
years. For those companies in the Monroe county area, include the following
information:
Name and address of the company
Name and title of client contact
Telephone number of client contact
Date and reason for termination
4.1.1.4.
Evidence of your company’s financial viability.
4.1.1.5.
A description of any citations or other legal or regulatory actions against your
company by a local or state health department or other agency regarding food safety,
workplace safety or related issues in the past three years.
4.1.1.6.
Indemnification: Enclosed in Form 4 (Contract) Section 4 you will find the
Corporation Indemnification and Insurance Specifications. It is very important that you
understand that the successful proposer will be required to comply with these
requirements and submit a Certificate of Liability Insurance as proof of having the
required coverage and indemnification. You will also be required to name each of BASC,
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
the College and the State of New York as additional insureds on the Certificate of Liability
Insurance.
4.1.2. Quality Assurance. Include a plan to provide quality assurance with respect to all aspects of
Food Service Products supply operations with descriptions of:
4.1.2.1. The process by which food quality would be addressed for all food provided by your
company;
4.1.2.2. Your company’s internal quality assurance program, including samples of any
inspection/quality audit forms used as part of any district, regional, or corporate
visitations;
4.1.2.3. Follow up procedures for customer complaints;
4.1.2.4. Seller warrants that all food items furnished shall be free from defects and that all food
items shall be wholesome and sufficient for the purposes intended.
4.1.2.5. HACCP Program: Include a brief description of your HACCP program. Include
information pertaining to your employees training in food safety and the measures you
take to ensure that proper temperatures are maintained during the complete delivery
process of all food products. The Corporation reserves the right to inspect all incoming
products. Products and services not meeting our specifications may be rejected in part
or in whole. In the case of rejection it will remain the vendor’s responsibility to provide
us with the specified products by 9:00AM the following morning.
4.1.2.6. Product Recalls: Provide a description of your company’s plan in terms of
communication to the Corporation and removal of recalled products.
4.1.2.7. Disaster Plan: Provide a description of your company’s disaster plan in terms of
maintaining normally scheduled delivery to the Corporation.
4.1.2.8. A plan for ongoing as well as periodic customer service monitoring;
4.1.2.9. Price Audits: BASC will be performing a minimum of one (1) and maximum of two (2)
audit(s) per year. We will audit selected purchases which will include up to twenty (20)
high volume items. These audits will take place at your facility and should last no
longer than two (2) hours each. We will confirm specific dates and times fifteen (15)
working days prior to each audit.
4.1.3. Sustainability Program: Include a brief description of your Sustainability Program.
4.1.4. Purchase Summary: If your proposal will contain volume-based discounts, we will require a
periodic aggregate purchasing summary to include total purchases and dollar volume
broken down by commodity category made during BASC’s fiscal year (June 1st to May
31st).
4.1.5. Rebates: BASC relies on rebates from manufacturers to keep the cost of products as low as
possible. We require the distributor, on a quarterly basis, to provide a system of identifying
any and all forms of income offered from manufacturers for the purpose of lowering the cost
of products to BASC Dining Services. This reduction in product cost would then be paid to
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
BASC Dining Services in the form of a rebate check, on a quarterly basis, along with a
complete listing of all manufacturers involved. Failure to comply with this requirement may
terminate this Prime Supplier agreement.
4.1.6. On-line Capabilities: BASC requires information regarding the availability of on-line ordering
and on-line price updates to our CBORD FSS system. If other on-line capabilities are
available, include information about them.
4.1.7. Special Orders: Provide your company’s definition of a “Special Order”, as it pertains to
orders from BASC including any change in the mark-up percentage, if applicable.
4.1.8. Substitution: Provide your company’s policy in regards to substitution of products when
original orders cannot be filled.
4.1.9. Value Added Consideration: The Corporation, in return for executing a contract for Food
Service Products services, will require a direct financial consideration. This may include any
topic not already required in our request for proposal (for example):



Campus & community events
Sponsorships
Product or promotional item supply
Item suggestions and mandated items for the considerations listed in here are contained in
Exhibit G.
4.1.10. Additional Information. Provide any other information you believe will be helpful to the
Selection Committee in evaluating your proposal
4.1.11. Equipment and Maintenance.
4.1.11.1. Any equipment that are included in the proposal must be new equipment.
4.1.11.2. Fountain, dispensing, and vending equipment is to be replaced every three (3) years.
Describe your company’s program for preventative maintenance and regular replacement
of worn, malfunctioning or damaged equipment.
4.1.11.3. Provide a list, with quantity, brand and model number, of all equipment your company
proposes to bring onto the College campus. Include complete copies of manufacturer’s
description literature regarding any equipment proposed.
5. ALTERNATE PROPOSALS
You may submit alternate proposals if you wish to provide different options for configuration or
other value-added purposes. If you choose to do so, summarize the alternate(s) presented on
FORM 3 with any necessary supporting documents. The other forms need not be re-submitted.
6. MODIFYING YOUR PROPOSAL
You may submit a modified proposal to replace a submitted proposal up until the Proposal Due
Date and Time. It is your responsibility to ensure that any modified proposal is clearly marked as
such on the outer envelope. Submit your entire proposal again, as modified. We will open only the
latest timely submitted proposal.
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
7. WITHDRAWING YOUR PROPOSAL
7.1. Your submission of a proposal is a binding offer to provide goods and/or financial remuneration
and/or to perform services for BASC. This offer will remain in effect for 180 calendar days after the
Proposal Due Date (the “offer period”), unless you withdraw your proposal pursuant to Section 6.2
below. Any request to withdraw your proposal must be made in writing to the Authorized Contact.
7.2. You may withdraw your proposal at any time before the Proposal Due Date.
8. PROPOSAL EVALUATION
8.1. This is a request for proposals and not a bid process. Therefore, we have the discretion to evaluate
the qualitative as well as financial aspects of each proposal and make a selection based on what
we consider to be in the best interests of The Corporation and The College.
8.2. We will appoint a Selection Committee consisting of a minimum of three persons. The Selection
Committee may appoint one or more consultants to advise on specific issues arising during the
proposal evaluation process. The Selection Committee will evaluate those proposals that meet the
Requirements. Once the Selection Committee has completed its evaluation, it will make a
recommendation to the Executive Director of the Corporation. The Executive Director will make the
final determination regarding award of the Contract.
8.3. Proposers will be notified by mail concerning the evaluation process results.
8.4. The criteria on which each proposal meeting the Requirements will be evaluated, and the weights
assigned to them, are as follows:
A: Financial Proposal
75 %
B: Technical (e.g., online ordering, item data transition, etc.);
Value Added Services Proposed (e.g., sustainability, food shows, volume
purchasing availability, etc.); References
25 %
TOTAL
100 %
8.5. We reserve the following rights:
8.5.1. to interview each proposer or a short list of proposers;
8.5.2. to negotiate with proposers as necessary in our best interests. We may negotiate with
proposers concurrently or sequentially. If we invite you to negotiate with us, this does not give
you any rights regarding the RFP or any guarantee for the ultimate award of the Contract;
8.5.3. to rescore proposals after interviews, site visits, and/or negotiations;
8.5.4. to award the Contract to a proposer other than the proposer or proposers offering the lowest
overall cost or the greatest financial return to us; and
8.5.5. to decide tie proposals in our sole discretion and best interest.
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
9. RESERVATION OF RIGHTS
Notwithstanding anything to the contrary in this RFP, we reserve the right to:
9.1. reject any and all proposals;
9.2. reject your proposal if:
9.2.1. you do not meet all of the Requirements;
9.2.2. you misstate, mislead or conceal any material fact in your proposal, or in subsequent
submissions, whether oral or written;
9.2.3. it is not in compliance with law;
9.2.4. it contains variations from the terms and conditions of the RFP or the
Contract, or is otherwise not responsive to our requirements;
9.2.5. any part of it is conditional; or
9.2.6. it contains conflicting information.
9.3. reject your proposal if you communicate with someone other than the Authorized Contact about the
Contract, unless that communication is specifically permitted by this RFP. If you are awarded the
Contract and we discover a violation after such award, we have the right to immediately terminate
the Contract.
9.4. amend, withdraw or re-issue this RFP: (i) before the Campus Visit, with written notice to all
respondents who requested and/or were sent an RFP or (ii) after the Campus Visit, with written
notice only to those respondents who attended the Campus Visit;
9.5. waive or modify minor irregularities in your proposal;
9.6. visit one or more of your clients and/or former clients for referral and recommendation purposes;
9.7. change any of the scheduled or projected dates of this RFP;
9.8. request additional information, representations, samples, and demonstrations from you;
9.9. use any, some, or all ideas submitted in your proposal unless such ideas are protected by
proprietary rights and you declare this pursuant to Section 3.4 above.
10. GENERAL PROPOSAL CONDITIONS
10.1.
This RFP and the Contract are governed by the laws of the State of New York, without
regard to principles of conflicts of law.
10.2.
The Contract will be a requirements contract, and any prior year sales data provided to you
is for information purposes only, and is not a guarantee. The sales actually earned by the company
awarded the Contract may be less or more than in prior years. If less, we will not be liable to the
company for damages or lost profits because of this.
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
10.3.
You may not make public announcements or news releases regarding this RFP, the
Contract or any subsequent contract without our prior written approval.
10.4.
You may not use the name or any trademark, service mark, or other proprietary mark or logo
of the Corporation, the College, SUNY or any constituent college of SUNY without our or SUNY’s
prior written approval, as the case may be.
10.5.
You are responsible for all costs associated with the preparation, transmittal, and
presentation of your proposal.
10.6.
At our request and at your cost, you must timely remove any samples you provided to us.
We won’t be responsible for any samples that are destroyed or damaged while in our custody. If
samples aren’t removed within thirty (30) calendar days after we send you a written notice, they will
be considered abandoned. Expenses incurred in their disposal will be charged to you.
10.7.
We will not be bound by any oral or written information released prior to the date of release
of this RFP. After its release, we will be bound only by this RFP, any Addenda, and the Contract.
10.8.
The information provided in this RFP is summary in nature and has been prepared without
audit or verification. We make no representations or warranties of any kind, either expressed or
implied, with respect to this information.
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
EXHIBIT A
COLLEGE AND CORPORATION DESCRIPTIONS
Overview
Founded in 1835, The College at Brockport is a public, comprehensive four-year college, committed to
student success through fostering innovative thinkers and leaders who are assets in the classroom and the
workplace. Our 464-acre campus has 66 buildings occupying about one-quarter of the campus, with rolling
grassy fields and wooded land. Brockport, NY is a small college town of 8,100 residents located on the
historic Erie Canal. Located in Greater Rochester (Monroe County), the campus is 16 miles from
downtown, 45 miles east of Buffalo, NY.
Enrollment (Fall 2015)
 Undergraduate enrollment: 7,090
 Graduate enrollment: 1,038

Resident students: 2,700
The Brockport Auxiliary Service Corporation (“BASC”) is a New York not-for-profit and 501(c)(3)
corporation located on the campus of the College. BASC is contracted by the College to provide and
manage dining services, the bookstore, catering services, laundry services, parking and transportation
services, vending services, ATM's, events and conferences, campus ID services, and debit card program.
Description of the food service area
BASC Dining Services provides students with a great culinary experience with a focus on wellness,
facilities, and service all at an incredible value. BASC College Dining Services have consistently received
top marks and we rank among the top of all SUNY schools.
Our focus is on:




outstanding food
facilities
value
wellness
BASC really listens to what students want. Our nine dining locations on campus provide lots of meal plan
options and hours of operation designed to meet students' lifestyles. From 7 am until 1 am, students
have a place to dine on campus.
Exhibit A - Page 1 of 2
Request For Proposals: Prime Supply - Food Service Products
Exhibit A - Page 2 of 2
Brockport Auxiliary Service Corporation
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
EXHIBIT B
FOOD SERVICE LOCATIONS
VENUE NAME
Aerie Cafe
Brockway Dining
Room
REGULAR HOURS
Mon - Thurs 8:30 am - 11 pm
Friday
8:30 am - 2 pm
Sunday
5 - 10 pm
Breakfast
Mon - Fri
7:30 - 11 am
Lunch Mon - Fri
11 am - 2 pm
Light Lunch Mon - Thurs 2 - 4 pm
Dinner Mon - Thurs 4 - 8 pm
Concessions
As required by events
Eagle’s Nest
Daily 9 am - 1 am
Garnishes Catering
Contracted services
Harrison Dining
Room
Hartwell
Jitterbugs Cafe
Kinetic Kafe
Subway
The Square
Trax
Lunch/Brunch Mon - Fri
11 am - 2 pm
Sat - Sun
10:30 am - 2 pm
Light Lunch Daily 2 - 4 pm
Dinner Mon - Thurs 4 - 8 pm
Fri - Sat
4 - 7 pm
Sunday
4 - 8 pm
Mon - Thurs 7:45 am - 6:30 pm
Friday 7:45 am - 1:30 pm
Mon - Thurs 7:45 am - 9:30 pm
Friday 7:45 am - 3 pm
Mon - Thurs 7:30 am - 6 pm
Friday 7:30 am - 3 pm
Mon - Thurs 10:30 am - 8 pm
Friday 10:30 am - 3 pm
Mon – Thurs 7:30 am - 6 pm
Friday 7:30 am - 3 pm
Daily 5 pm - 1 am
Exhibit B - Page 1 of 2
Request For Proposals: Prime Supply - Food Service Products
Exhibit B - Page 2 of 2
Brockport Auxiliary Service Corporation
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
EXHIBIT C
SCHEDULE OF OPERATIONS
The hours listed are those currently in effect are given as an example.
1. FULL SCHEDULE
Locations operate at Regular Hours (Exhibit B) during the Fall and Spring Semesters
2. LIMITED SCHEDULE
Locations operate under shortened hours, some locations may close.
Note: During certain times of the year, delivery changes will be necessary based on
changes to our hours of operation.
3. REGISTRATION SCHEDULE
Residential locations operate under shortened hours, some locations may close.
Note: During certain times of the year, delivery changes will be necessary based on
changes to our hours of operation.
4. SUMMER SCHEDULE
Residential Locations are closed, except as scheduled events may require them to open.
Union Square operates on a limited basis
Note: During certain times of the year, delivery changes will be necessary based on
changes to our hours of operation.
Exhibit C - Page 1 of 2
Request For Proposals: Prime Supply - Food Service Products
Exhibit C - Page 2 of 2
Brockport Auxiliary Service Corporation
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
EXHIBIT D
COLLEGE CALENDAR
Fall Semester 2016
August 26, 2016, Friday
Welcome Weekend Begins
August 29, 2016, Monday, 8 AM
Instruction Begins
September 5, 2016, Monday
Labor Day (1)
September 6, 2016, Tuesday, 5 PM
Add Period Ends
September 16, 2016, Friday, 5 PM
Late Add Period Ends
September 16, 2016, Friday
Constitution Day; Class in Session
September 27, 2016, Tuesday, 5 PM
Full Semester Course Drop Period Ends(2)
October 15, 2016, Saturday, 5 PM
Mid-Term (1st Quarter Ends)
October 17 & 18, 2016, Monday &
Tuesday
Mid-Semester Break (1)
October 17, 2016, Monday, 4 PM
Student Progress Evaluations Due in Registrar’s
Office
October 19, 2016, Wednesday, 8 AM
Instruction Resumes
November 4, 2016, Friday, 5 PM
Deadline to Withdraw without
Department Chair Permission
November 23, 2016, Wednesday
Thanksgiving Recess Begins (1)
November 28, 2016, Monday, 8 AM
Instruction Resumes
December 2, 2016, Friday 5 PM
Withdraw Period Ends
December 10, 2016, Saturday, 5 PM
Regular Course Schedule Ends (3) (2nd Quarter
Ends)
December 12, 2016, Monday, 8 AM
Final Exam Period Begins
December 17, 2016, Saturday, 5 PM
Final Exam Period Ends (Semester Ends)
December 23, 2016, Friday, 4 PM
Grades Due From Faculty
Spring Semester 2017
January 20, 2017, Friday
Welcome Weekend Begins
January 23, 2017, Monday, 8 AM
Instruction Begins
January 30, 2017, Monday, 5 PM
Add Period Ends
February 10, 2017, Friday, 5 PM
Late Add Period Ends
February 20, 2017, Monday, 5 PM
Full Semester Course Drop Period Ends(2)
March 11, 2017, Saturday, 5 PM
Spring Recess Begins (1) Mid-Term (3rd Quarter
Ends)
Exhibit D - Page 1 of 2
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
Spring Semester 2017
March 13, 2017, Monday, 4 PM
Student Progress Evaluations Due in Registrar’s
Office
March 20, 2017, Monday, 8 AM
Instruction Resumes
March 31, 2017, Wednesday, 9 AM – 5
PM
Deadline to Withdraw without Department Chair
Permission
April 12, 2017, Wednesday, 8 AM – 5 PM
Scholars Day (1) Classes not in session to allow
students to attend sessions.
April 12, 2017, Wednesday, 5 PM
Classes in Session
April 21, 2017, Friday, 3 PM
Honors & Awards Ceremony
April 28, 2017, Friday 5 PM
Withdraw Period Ends
May 6, 2017, Saturday, 5 PM
Regular Course Schedule Ends (3) (4th Quarter
Ends)
May 8, 2017, Monday, 8 AM
Final Exam Period Begins
May 13, 2017, Saturday, 5 PM
Final Exam Period Ends (Semester Ends)
May 13, 2017, Saturday
Commencement
May 19, 2017, Friday, 4 PM
Grades Due From Faculty
M.W.F. Classes (from 8:00 AM to 3:20 PM) are 50 minutes in length with 15 minutes between classes.
T.R. Classes (from 8:00 AM to 4:30 PM) are 75 minutes in length with 15 minutes between classes.
(1) Classes Suspended
(2) See the Schedule of Classes for Refund Schedule and Quarter Course Drop Schedule
(3) According to the College Policy, no examinations may be given during the last week of classes
Under section 224-A of the Education Law of the State of New York, absence from class for religious beliefs is
excused, and the opportunity to make up work is provided.
Exhibit D - Page 2 of 2
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
EXHIBIT E
ACCOUNTING PROCEDURES
1.
Proposer shall provide BASC with a weekly statement of BASC Account Activity to each account
and a Consolidated Weekly statement of activity to Dining Services. Statements can be
submitted to BASC electronically or by paper copy.
2.
BASC requires that orders be placed electronically. Electronic notification of all orders must be
sent to ordering contact within twenty-four (24) hours of order placement.
3.
Proposers will be obligated to provide supply market advisories to the Dining Service Assistant
Director. These advisories are to be sent weekly or as conditions require.
4.
Surcharges for delivery or fuel shall not be added to any invoice, unless those surcharges were
specified in the Summary of Financial Proposal (FORM 3).
5.
BASC will require Proposer’s assistance with building any new product lists in the current
accounting software system.
6.
BASC is open to and encourages Proposers to include a proposal for incentive or pre- or early
payments.
Exhibit E - Page 1 of 2
Request For Proposals: Prime Supply - Food Service Products
Exhibit E - Page 2 of 2
Brockport Auxiliary Service Corporation
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
EXHIBIT F
DELIVERY PROCEDURES
Delivery Points. BASC has ten serving units on campus with six points of delivery. Each serving unit
should be invoiced as a separate account. Our serving units and delivery points are ranked in priority and
delivery sequence as follows:
DELIVERY POINTS
SERVING UNITS/ACCOUNTS
1. Chapman Service Center
Commissary Bakery
2. Brockway Hall
Brockway
3. Seymour College Union
The Square
Jitterbugs
4. Harrison Hall
Harrison
Trax
Eagle’s Nest
5. Cooper Hall
Catering
6. Tuttle North
Kinetic Café
Aerie Café
Delivery Frequency.
o
Delivery frequency will be three (3) times per week, on
o
delivery days will be: Monday, Wednesday, and Friday,
o
with occasional non-scheduled deliveries as needed.
Notification Requirements.
o
BASC requires notification if delivery will be more than two (2) hours outside of delivery window.
o
Stock clerk or management on duty at each Delivery Point must be notified upon arrival (deliveries
cannot be validated by staff who do not have the titles of stock clerk or management).
o
Contractor and drivers must immediately notify BASC of any accidents or vehicle malfunctions that
occur either on or off campus. Additionally, any expenses incurred as a result will become the full
responsibility of the Contractor.
Delivery Requirements. The following is a list of requirements for delivery to The College at Brockport
dining outlets. This list is not intended to be all-inclusive, but more a general set of items that must be
followed:
o
All units must be delivered between 6AM and 3PM.
Exhibit F - Page 1 of 2
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
Delivery Procedures (continued)
o
Delivery vehicles cannot be left running during unit deliveries, except where refrigeration must be
maintained and proper safety and security precautions have been taken.
o
All deliveries must be transported to storage rooms or walk-in units by Contractor. Deliveries will be
checked by BASC management or stock clerk personnel.
BASC reserves the right to inspect at any time the interior cleanliness of Contractor’s storage trailer
or delivery truck.
o
o
BASC requires Contractor to provide all drivers with appropriate personal safety and delivery
equipment.
o
BASC requires two (2) copies of shipping/invoice documents to be provided at time of delivery.
o
All shipping manifest/invoices require two (2) signatures (Driver and management or stock clerk
personnel). Deliveries are not valid without both signatures.
o
Initials of both driver and manager/stock clerk must be placed by each item adjustment on all
shipping manifests/invoices, as applicable (i.e. substituted items, quantities, prices, etc.).
Exhibit F - Page 2 of 2
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
EXHIBIT G
SUPPORT AND VALUE-ADDED CONSIDERATION
The selected Proposal must include provision for the following:
Marketing, merchandising and promotions
The Proposal chosen must contain an annual payment, to be made June 1 of each year, for
marketing and promotion purposes.
Product Review and Alternative Cutting
The Proposal must include deals comparable to those offered by volume group purchasing
organizations on the items described in the enclosed Top 100 Items. A report detailing these deals
shall be provided on a regular basis, at least twice per year.
Alternative product suggestions on our top 100 items through “cost effective product selection”
should be provided, and at least two (2) annual cuttings will be conducted to evaluate the alternative
items identified that can provide cost savings.
Purchase Volume Performance Incentives
The Proposal will describe a program through which BASC will earn a rebate* on sales, to be paid
out on an annual basis. The incentive will be based on three increasing levels of annual sales which
will earn an increasing percentage discount.
This discount will be calculated on June 30th of each year. Any payment due will be made on a
timely basis.
Food Show Support
The Proposal will describe any services over and above procurement activities typically provided.
These should include regional and national marketing, product marketing and on-site event displays
and demonstrations.
Exhibit G - Page 1 of 2
Request For Proposals: Prime Supply - Food Service Products
Exhibit G - Page 2 of 2
Brockport Auxiliary Service Corporation
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
FORM 1
PROPOSER QUESTIONNAIRE
IDENTIFICATION OF PROPOSER
1. Full Name of Proposer (exactly as it appears in organizing document)
2. Identification Numbers
a . F ederal EI N #
b . DUNS #
c. NYS Vendor ID #
3. D/B/As and other names used by Proposer
4. Website Address
5. Address of primary place of business
6. Principal NYS address (if other than #5)
7. Primary Contact
Phone
Title
Fax
Email
STRUCTURE OF PROPOSER
9. Date of Incorporation/Formation
8. Check appropriate organization structure
⃞ Corporation*
⃞ Limited Liability Company (LLC)*
⃞ General Partnership
10. State of Incorporation/Formation*
⃞ Limited Liability Partnership
⃞ Sole Proprietorship
⃞ Other (describe)
* If Proposer is a corporation or LLC not incorporated/formed in NYS, provide a copy of authorization to do business in NYS.
11. List all principal owners, officers, directors and key employees (attach additional pages if necessary):
Name
Title
Mailing Address
12. Primary business activity
13. Number of years’ experience in work of type covered by this RFP
⃞ Yes
14. Do you pay prevailing wages?
Form 1 - Page 1 of 6
⃞ No
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
PROPOSER’S ACTIVITIES
15. Has Proposer ever been refused the award of a contract on which it was the low bidder in competitive bidding?
⃞ Yes
⃞ No
16. Has Proposer ever sued or been sued regarding payment or performance obligations in a contract?
⃞ Yes
⃞ No
17. Has Proposer ever had a contract suspended or terminated for cause prior to the completion of its term?
⃞ Yes
⃞ No
18. Are there any liens filed against Proposer?
⃞ Yes
⃞ No
19. Are any actions or proceedings pending in New York State or in any other jurisdiction against Proposer, or any of its
⃞ Yes
⃞ No
⃞ Yes
⃞ No
⃞ Yes
⃞ No
⃞ Yes
⃞ No
⃞ Yes
⃞ No
directors, officers, managers, partners, or other principals?
20. Within the past 5 years, has Proposer, any officer, director, manager, partner, other principal, or owner of a more
than ten percent (10%) interest in Proposer:
a. been in arrears or default to Corporation, College, SUNY, any local, state or federal authority, or any entity
affiliated
with any of them, with respect to a debt, contract, or taxes
b. been declared not responsible or disqualified by Corporation, College, SUNY or with respect to any local,
state, or federal government contract
c. been indicted, convicted, received a judgment against them or a grant of immunity for any business-related
conduct constituting a crime under local, state or federal law, including but not limited to fraud, extortion,
price-fixing, bid collusion or any crime related to truthfulness and/or business conduct
21. Within the past 5 years, has Proposer, any officer, director, manager, partner, other principal, or owner of a more
than ten percent (10%) interest in Proposer been issued a citation, notice, or violation order, for violations of:
a. federal, state or local health laws, rules or regulations, including but not limited to OSHA, New York State
labor law, and the New York State Health Code
b.
federal, state or local environmental laws
⃞ Yes
⃞ No
c.
unemployment insurance or workers’ compensation coverage or claim requirements
⃞ Yes
⃞ No
d.
Employee Retirement Income Security Act (ERISA)
⃞ Yes
⃞ No
e.
federal, state or local human rights laws
⃞ Yes
⃞ No
f. civil rights laws
⃞ Yes
⃞ No
g.
federal Immigration and Naturalization Services (INS) and Alienage laws
⃞ Yes
⃞ No
h.
federal or state security laws
⃞ Yes
⃞ No
⃞ Yes
⃞ No
i. charity or consumer laws
If you answered “Yes” to any of the above questions, list the question number below and provide a detailed explanation. Attach additional
sheets if needed.
Question Number
Explanation
Form 1 - Page 2 of 6
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
DEVIATIONS FROM RFP
22 Does your Proposal contain any deviations from the terms and conditions set forth in the RFP, including the form
.
⃞ Yes
⃞ No
Contract? If “Yes”, list the Section and Subsection number below and describe the deviation or cross reference an
explanation in your Proposal. Attach additional sheets if needed.
Section & Subsection #
Deviation
PROPOSER’S REPRESENTATIONS AND WARRANTIES
Proposer represents and warrants as follows (check the boxes):
⃞
Proposer has carefully examined all parts of this RFP and any Addenda, and understands them.
⃞
Proposer will execute a contract in the form of the model Contract that is part of this RFP (subject to any amendments
agreed in writing), if its Proposal is accepted by Corporation, and will faithfully perform all the terms and conditions of the
⃞
Contract. will fully comply with any and all laws, orders, or regulations of any federal, state or local authority or agency insofar
Proposer
as any of the same affect the execution and performance of the Contract and will notify Corporation promptly in writing of any
such law that may be promulgated at any time during the course of performance of the Contract which may affect the Contract.
⃞
Proposer will comply with all applicable Equal Employment Opportunity and Affirmative Action programs and will ensure that all
subcontracts entered into for the purposes of the Contract will contain provisions binding the subcontractor to compliance with
these programs.
⃞
This Proposal has been developed independently, without the involvement of any other vendor responding to this RFP or any
Corporation or SUNY officer or employee, and it is in all respects fair, and has been made without collusion or fraud.
⃞
No public, Corporation, or SUNY officer or employee, or person whose salary is payable in whole or in part, directly or
indirectly, from the New York State Treasury, is directly or indirectly interested in this Proposal or the Contract, the services
to which it relates, or in any portion of the profits of the Contract.
⃞
This Proposal and the representations contained in it, and the execution and submission of Proposal, have each been duly and
validly authorized by all necessary action of Proposer’s governing body.
INDIVIDUAL COMPLETING THIS QUESTIONNAIRE
Printed Name
Title
Signature
Date
Form 1 - Page 3 of 6
Request For Proposals: Prime Supply - Food Service Products
Form 1 - Page 4 of 6
Brockport Auxiliary Service Corporation
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
CERTIFICATION OF PROPOSAL
STATE OF
) SS:
COUNTY OF
CERTIFICATION:
I hereby certify, under penalty of perjury, that:
*
I am knowledgeable about the submitting company’s (“Proposer”) business and operations;
*
I have read and understand all of the information submitted in the Proposal, including the Proposer
Questionnaire and any attached pages, and find it to be true, accurate and complete;
*
I understand that the Corporation will rely on the information in the Proposal when determining whether
or not to award the Contract to the Proposer;
*
I understand that I have a duty to notify the Corporation of any material change to the responses given
in the Proposer Questionnaire; and
*
The submission of the Proposal and my execution of it have each been duly and validly authorized by
all necessary action of the Proposer’s governing body.
PROPOSER:
Full Legal Name
BY:
Printed Name
Title
Signature
Date
Sworn to before me this _________ day of __________________, 20__
______________________________________
Notary Public
Form 1 - Page 5 of 6
STAMP
Request For Proposals: Prime Supply - Food Service Products
Form 1 - Page 6 of 6
Brockport Auxiliary Service Corporation
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
FORM 2 – ITEM | STOCK UNIT | PRICE SHEET – TOP 100 ITEMS
Rank
Item
Pack
Cases
Brand
Mfg#
Vendor
Category
1/35 LB
45
Shortening Fry Canola Clr
Ztf
Sauce Spaghetti
W/Tomato Bit
Dressing Ranch Btrmlk
418
SYS CLS
90101-COM
Ventura Foods Llc
6/#10
676
ANG MIA
2700042201
Conagra Grocery
4/1 GAL
220
KENS
KE0889
Kens Foods
Flour Hi-Gluten Bl En Mt Br
1/50 LB
517
AREZZIO
52121000
General Mills
53
Ketchup Bib
1/3GAL
487
HSE REC
HOUYA3G
Red Gold
55
Oil Olive Pure Italy
3/1 GAL
102
AREZZIO
13029
68
6/43 OZ
113
INTLCLS
3494226
77
Tuna Light Skipjack Pouch
Pack
Sauce Pizza Prpd
Oleificio Salvadori
Bruno
Camerican Intl
6/#10
290
DON PEP
61801005
B&G Foods Inc
78
Sauce Bbq Cannonball
4/1 GAL
144
KENS
KE0784
Kens Foods
82
Cereal Cinn Tst Crun
Bulkpak
Cereal Lucky Charms
Bulkpak
Shortening Fry Oil Clr Ztf
4/45 OZ
152
GM
11813000
General Mills
4/35 OZ
161
GM
11998000
General Mills
1/35 LB
142
WHLHARV
1241
Cereal Reese Puffs
Bulkpak
Dressing Bleu Chs Dlx
4/35 OZ
157
GM
13255000
Whole Harvest Foods
Llc
General Mills
4/1 GAL
104
KENS
KE0813
Kens Foods
Canned And
Dry
Canned And
Dry
Canned And
Dry
Canned And
Dry
Canned And
Dry
Canned And
Dry
Canned And
Dry
Canned And
Dry
Canned And
Dry
Canned And
Dry
Canned And
Dry
Canned And
Dry
Canned And
Dry
Canned And
Dry
14
50
7
17
86
88
92
98
46
74
2
Sanitizer Oasis 146 Multi
Quat
Detergent Pot/Pan Liquid
Scout
Cheese Mozzarella Prt
Skm Dice
Price
Ext
1/2.5GAL
136
ECOLAB
17708
Canned And Dry
Count
Ecolab
2/2GAL
68
ECOLAB
10906
Ecolab
4/5 LB
867
Form 2 - Page 1 of 6
B-ISOLA
2373629
Chemical/Jantrl
Count
Empire Cheese
Company
Chemical/Jan
trl
Chemical/Jan
trl
2
Dairy
Products
Request For Proposals: Prime Supply - Food Service Products
Rank
Item
Pack
Cases
6
Egg Whl Liq Frsh W/Citric
1/20 LB
18
Cheese Amer Yel 160 Sli
19
Brockport Auxiliary Service Corporation
Brand
Mfg#
Vendor
Category
1537
WHLFCLS
Michael Foods
4/5 LB
319
SCHRBER
4865-0600900
18405
Cheese Mont Jack Chdr
Fcy Shrd
Egg Shell Large White
Usda Aa
Egg White Super Whip
4/5 LB
302
GR LAKE
99808
1/30 DZ
319
WHLFCLS
32L2SW
Empire Cheese
Company
Eggs America Inc
6/5LB
232
WHLFCLS
4/5LB
182
CASASOL
6/1.5 LB
319
GR LAKE
99813
52
Cheese Cheddar Jack Fthr
Shred
Cheese Prov Smk Sli .75
Oz
Cheese Amer 160 Sli Yel
4865-5681200
SYS2822383
4/5 LB
171
BBRLCLS
28128
Great Lakes Cheese
Co
Empire Cheese
Company
Schreiber Foods
56
Margarine Liq
2/17.5LB
258
WHLFCLS
99961WFS
Ventura Foods Llc
62
Cheese Swiss Sli .5 Oz
8/20 OZ
198
GR LAKE
757-11050
66
Cheese Cheddr Jack
Fancy Shred
Cheese Cream Orig
Spread Cup
Butter Solid Usda Aa
Salted
Cheese Mozzarella Pizza
Blend
4/5LB
133
CASASOL
SYS2822379
100/1 OZ
303
PHILA
2100061119
Empire Cheese
Company
Great Lakes Cheese
Co
Kraft Foods
36/1 LB
62
WHLFARM
4182006
Ampi
4/5LB
105
AREZIMP
473200
Sorrento Lactalis
Dairy
Products
Dairy
Products
Dairy
Products
Dairy
Products
Dairy
Products
Dairy
Products
Dairy
Products
Dairy
Products
Dairy
Products
Dairy
Products
Dairy
Products
Dairy
Products
Dairy
Products
Dairy
Products
15
22
44
47
48
70
85
97
Price
Ext
Schreiber Foods
Michael Foods
24
Coffee Grnd Level 3
32/6 OZ
247
SBESTCF
11008562
Dairy Products
Count
Starbucks Coffee Co
27
Juice Apple 100% 5+1
3/3.5 LT
182
ANTHM
670103351
Dispenser Beverages
29
Juice Acai Blbry Pom 7+1
Caddy
Tea Iced Pom Green 7+1
3/3.5 LT
199
REVOLET
37W3103352
Dispenser Beverages
3/3.5 LT
103
ANTHM
342503351
Dispenser Beverages
Coffee Cappuc Frnch Van
Inst
6/2 LB
177
GFIC
43000888460
0
Kraft Foods
36
59
Form 2 - Page 2 of 6
Dispenser
Bevrg
Dispenser
Bevrg
Dispenser
Bevrg
Dispenser
Bevrg
Dispenser
Bevrg
Request For Proposals: Prime Supply - Food Service Products
Rank
Brand
Mfg#
Vendor
Category
124
REVOLET
37W0303351
Dispenser Beverages
3/3.5 LT
113
ANTHM
670203351
Dispenser Beverages
3/3.5L
91
ANTHEM
676003351
Dispenser Beverages
75
Juice Passn Org Guava
11% 3x1
Juice Grape 30% 5x1
3/3.5L
59
ANTHEM
670403351
Dispenser Beverages
95
Coffee Grnd Pikes Place
32/5 OZ
33
STRBUCK
11010721
Starbucks Coffee Co
Dispenser
Bevrg
Dispenser
Bevrg
Dispenser
Bevrg
Dispenser
Bevrg
Dispenser
Bevrg
10
63
64
71
Item
Pack
Cases
Juice Conc Dragon Fruit
7+1
Juice Cranberry 20% 4+1
3/3.5LT
Brockport Auxiliary Service Corporation
Price
Ext
21
Potato Fry Thin Reg Flvrlst
6/5LB
561
MCCAIN
MCF03791
Dispenser Bevrg
Count
Mccain Foods Usa Inc
23
Sauce Alfredo Pouch Gf
Pack
Potato Fry Skon Coil 1/4
Spcy
Pizza Log Original
4/96 OZ
178
STOUFER
13800304701
Nestle Usa Frozen
Frozen
6/4LB
390
SYS IMP
1000000710
Mccain Foods Usa Inc
Frozen
72/2 OZ
326
FNGRFDS
112
Finger Foods
Frozen
240/1.33OZ
282
OTSPKMY
58800
Aryzta Llc
Frozen
6/5LB
319
ORE IDA
Mccain Foods Usa Inc
Frozen
3/3 LB
266
AREZZIO
6964
Carlas Pasta Inc
Frozen
69
Dough Cookie Chocolate
Chip
Potato Hash Brn Triang
2oz
Ravioli Cheese Jmbo Rnd
Prckd
Pizza Shell Full Sheet
10/43 OZ
195
DEIORIO
2221
Delorio Foods Inc
Frozen
72
Soup Chicken Ndle
2/8 LB
218
KTLCUSN
700039
Kettle Cuisine Inc
Frozen
73
Cheese Stick Mozz Btr
6/2 LB
193
SCILY
A326SIC
Frozen
76
6/12 CT
320
FTHRSAM
1FS01305
83
Tortilla Wrap Psto Heb
Garl12"
Roll Submarine 12" White
Lake Erie Frozen
Foods Co
Father Sams Bakery
6/6 CT
315
COSTNZO
5505
Costanzos Bakery
Frozen
90
Potato Fry Str 3/8" Xl
6/5 LB
273
MCCAIN
MCX40
Mccain Foods Usa Inc
Frozen
94
Bagel Plain Sli
75/5OZ
250
ORIGBGL
79101
Original Bagel Co The
Frozen
96
Macaroni & Chs
4/4LB
135
KTLCUSN
700050
Kettle Cuisine Inc
Frozen
101
Toast French Stick
180/.88 OZ
307
AUNTJEM
43585
Pinnacle Foods Group
Llc
Frozen Count
Frozen
30
33
40
57
58
Form 2 - Page 3 of 6
Frozen
Frozen
16
Request For Proposals: Prime Supply - Food Service Products
Rank
Brand
Mfg#
Vendor
Category
488
ENTG
7700315
Meats
8/5#AV
361
FIRECLS
66420
Cargill Meat Solutions
Emmpak
d
100/3.2 OZ
418
FIRECLS
770353
Meats
Bacon Precooked
Sandwich Slice
Beef Flank Steak Ch 3pk
6ea
Meatball Italian Prck 1 Oz
2/150 CT
697
RNCHGRL
709
3/11#AVG
98
BCH BLK
D5157AWA
Cargill Meat Solutions
Emmpak
Sugardale Food
Service
Tyson Fresh Meats
1/10 LB
517
FONTANI
CM0066
Meats
Beef Patty Grd 75/25 Sea
Hs
Beef Eye Of Rnd 171
100/3.2 OZ
172
FIRECLS
41280810112
0
1/76#AVG
36
PACKER
Capitol Wholesale
Meats Inc
Cargill Meat Solutions
Emmpak
Tyson Fresh Meats
Beef Roast Tp Rnd Mr Whl
Df
Bacon Layflat C/C 18/22
Smk Gf
Beef Sirloin Tip 1x1 Frzn
2/9-14#
90
BBRL
20756
National Deli Llc
Meats
2/10 LB
153
SYS CLS
3470
Meats
2/5 LB
176
LNGHRN
Sugardale Food
Service
A&G Meats
2/12#AVG
140
SUGARDL
'00933
2/5 LB
139
SYS CLS
3999547
Sugardale Food
Service
Advancepierre Foods
Meats
60
Ham Rnd Bnls W/A
Country Inn
Beef Steak Philly Sir Bulk
81
Frank All-Beef 8x1 6 In
1/10 LB
216
FARMLND
70247810967
Meats
84
Steak Sirl Strip Cut Us Sel
20/8 OZ
61
LNGHRN
Smithfield Farmland
Sales Corp
A&G Meats
93
Pork Bbq Smkd Pulled
Premium
Beef Ribeye Lipon Ch
112a
2/5 LB
117
AUSTBLU
Hormel Foods Corp
Meats
5/HEAVY
7
PACKER
Tyson Fresh Meats
Meats
Meats
17
4
5
9
13
14
15
31
34
38
43
49
51
99
42
Item
Pack
Cases
Beef Ground Pty 75/25
Seas
Beef Grnd Bulk 81/19
Chub Frs
Beef Patty Grd 80/20 Hs
120/2.67OZ
Brockport Auxiliary Service Corporation
Towel Quix Grn 13.5x16.75
6/24 CT
Price
224
Ext
CHIX
13426
8295
Count
Meats
Meats
Meats
Meats
Meats
Chicopee
Paper & Disp
Paper & Disp Count
1
Poultry
Poultry
Chicken Cvp Brst B/S 3oz
4/5 LB
2393
SYS CLS
54417
3
Chicken Tndr Hmstyl Brd
Raw
Chicken Cvp Brst Rdm
10oz &Up
1/10 LB
1405
TYSON
007441-0928
Pilgrims Pride Pfs Dist
Cntr
Tyson Foods Poultry
4/10 LB
1337
SYS CLS
23130
Mountaire Farms Inc
Form 2 - Page 4 of 6
Meats
Meats
1
8
Meats
Poultry
Request For Proposals: Prime Supply - Food Service Products
Rank
Item
Pack
Cases
10
Turkey Brst Skls O/R
2/8-10#
11
Chicken Brst Tndr Brd Raw
#2
Chicken Brst Fil Hmstyl 4z
Brockport Auxiliary Service Corporation
Brand
Mfg#
Vendor
Category
508
JENNIEO
8540-02
Jennie O Turkey Store
Poultry
1/10 LB
1523
KOCH
35132
Poultry
2/5LB
454
SYS CLS
24951-895
Koch Foods Of
Mississippi
Tyson Foods Poultry
4/10 LB
165
SYS CLS
23151
Mountaire Farms Inc
Poultry
4/10 LB
149
SYS CLS
23130
Case Farms
Poultry
1/20 LB
201
TYSON
009373-0928
Tyson Foods Poultry
Poultry
16/2.75#
159
SYS CLS
54408
6/2 LB
232
JENNIEO
8868
Pilgrims Pride Pfs Dist
Cntr
Jennie O Turkey Store
Poultry
35
Chicken Cvp Wing 1&2 Jt
Jmbo
Chicken Cvp Brst Rdm
10oz &Up
Chicken Thigh Meat
Tempura
Chicken Cvp 9pc Cut Fresh
Trim
Turkey Sli Oil Brwn .7 Oz
39
Turkey Brst Skin On Ckd
2/9-10#
152
GOLDLEG
46800
Poultry
41
2/5 LB
319
SYS CLS
008353-0895
54
Chicken Popcorn Frtr
Buffalo
Chicken Brst Cvp Bnls 3oz
Michigan Turkey
Producers
Tyson Foods Poultry
1/40 LB
100
PACKER
Poultry
65
Chicken Cvp Brst B/S 4 Oz
4/5 LB
122
SYS CLS
54418
79
Chicken Cvp Wing 1&2 Jt
Jmbo
Chicken Wing Bnls Brd
Raw
Chicken Cvp 8pc Cut Fresh
Trim
Chicken Brst Nug Tempura
Value
4/10 LB
76
SYS CLS
23151
Koch Foods Of
Mississippi
Pilgrims Pride Pfs Dist
Cntr
Case Farms
2/5 LB
222
SYS CLS
85
SYS CLS
Koch Foods Of
Mississippi
Georges Farms Inc
Poultry
16/2.75#
73473024958
2
3676
2/5 LB
255
TYSONRL
038387-0928
Tyson Foods Poultry
Poultry
Poultry
19
16
20
25
28
32
80
87
100
67
12
26
61
Potato Diced Pld 5/8" Frsh
Haddock Filet S/On Iqf 4-6
Oz
Shrimp Brd Par-Cut 21/25
C/T
Shrimp Wht P&D Tlof
31/40
2/10 LB
Price
521
Ext
SYS NAT
4865-6932500
Count
Poultry
Poultry
Poultry
Poultry
Poultry
Poultry
Northern Star
Produce
Produce Count
1
1/10 LB
358
ICELNDC
21005527
Highliner Foods
Seafood
4/2.5 LB
221
OCNCAFE
22333
Tampa Bay Fisheries
Seafood
4/2.5 LB
102
PORTBTY
7952468
Arista Industries Inc
Seafood
Form 2 - Page 5 of 6
Request For Proposals: Prime Supply - Food Service Products
Rank
89
91
Item
Pack
Cases
Cod Loin Pac Skls 2x 4 Oz
Iqf
Salmon Atl Fil Skon 3-4#
Frsh
1/10 LB
1/10#AV
Brockport Auxiliary Service Corporation
Price
Brand
Mfg#
Vendor
Category
121
ICYBAY
8467
Slade Gorton&Co Inc
Seafood
67
PACKER
Jd & Sons
Seafood
Seafood Count
5
Grand Count
100
Form 2 - Page 6 of 6
Ext
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
FORM 3 –FINANCIAL PROPOSAL
Name of Proposer
PROPOSER: Prepare and include in this section a financial summary, addressing the following points:
I.
Product Categories
The estimated annual (July to June) total purchase is 2.3 million dollars for food and foodservice
related supplies potentially covered by this agreement. The estimated amount is provided only as a
guideline and not a guarantee of the purchases. BASC cannot and will not guarantee any purchase
volume under any contract resulting from this RFP. The food and food service related supplies
would be purchased in approximately the following percentages.
2013-2014
$2,258,000
$ 479,000
2014-2015 Category
$ 2,390,000 Total
Percentages
14-15
100%
$ 483,000 Canned And Dry
Janitorial Supplies &
$ 51,000 Cleaning Chemicals
20%
$ 263,500
$ 274,500 Dairy Products
11%
$ 102,000
5%
$ 416,000
$ 129,000 Dispenser Beverages
Frozen Fruits, Vegetables,
$ 442,000 Bakery items, Etc.
18%
$ 355,500
$ 394,000 Meat - Fresh & Frozen
16%
$
$ 17,500 Paper & Disposable
1%
$ 404,000
$ 445,000 Poultry - CVP & Frozen
19%
$
22,000
$ 24,000 Produce
1%
$
91,000
$ 106,500 Seafood - Fresh & Frozen
4%
$
63,000
$ 23,500 Supplies & Equipment
1%
$
48,000
14,000
Form 3 - Page 1 of 2
2%
Request For Proposals: Prime Supply - Food Service Products
II.
Brockport Auxiliary Service Corporation
Mark Ups
Proposal pricing should be expressed as follows:
Drop Shipments
Direct Purchases
Cost plus percentage / bid
Groceries and Frozen
Cost plus percentage
Produce
Cost plus percentage / and or cents per case
Eggs
Cents under the Urner Barry weekly quote
Paper and Janitorial
Cost plus percentage
ECOLAB products
*Please address this separately*
Small wares
Cost plus percentage / bid
Fresh meats, Frozen meats &
commodity type items such as
Dairy (butter, cheese, margarine
and eggs)
Cents per pound
III.
Price Changes
Prices for groceries and frozen products should be locked for one month. Prices on items
that change should be received no later than the first of the month in which they take effect.
IV.
Additional Costs & Surcharges.
Include any additional or anticipated costs or surcharges, specifying the conditions where
these charges would apply.
V.
Payment Terms.
Include any differences in trade credit terms with regard to discounts for shorter payment
times.
Note any differences or discounts that may apply for ACH (electronic) payments.
Form 3 - Page 2 of 2
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
FORM 4 – CONTRACT TEMPLATE
[This template contract covers all services covered by the RFP. If you are awarded a contract for
fewer than all of the services, the Corporation will modify the template accordingly.]
CONTRACT
THIS CONTRACT (the “Contract”), dated as of__________ __, 2015, is by and between
Brockport Auxiliary Service Corporation (the “Corporation” or “BASC”), a New York not-for-profit
corporation with offices located at 350 New Campus Drive, Brockport, New York 14420 and organized for
the purpose of providing certain services to and for the benefit of The College at Brockport (the “College”)
of The State University of New York (“SUNY”), and _______________________________, a _________
corporation with a principal place of business located at _______________ (the “Contractor”).
WITNESSETH:
WHEREAS, Corporation issued a Request for Proposals (“RFP”) for Food Service Products
Supply services on the College campus and related activities, as further described in Section 3 of this
Contract;
WHEREAS, Contractor submitted a Proposal in response to the RFP and Corporation selected
Contractor’s Proposal; and
WHEREAS, the parties desire to enter into an agreement with respect to the delivery of Food
Service Products as proposed in Contractor’s RFP.
NOW THEREFORE, this Contract is entered into upon the following terms and conditions:
Section 1 – DEFINITIONS
When used in this Contract, the following words have the meanings set forth in this Section:
1.1.
“Food Service Products” means all products listed in Section 3.2 of this Contract.
1.2.
“Food Service Locations” means those Food Service locations listed on Exhibit B.
1.3.
“Food Service Provider” means any food service provider/National Brand other than BASC
which may serve at Food Service Locations during the term.
1.4.
“Law” means any law, statute, rule, regulation, ordinance, code, order or other pronouncement
(including common law).
1.5.
“Person” means any individual, corporation, partnership, joint venture, limited liability company,
governmental authority, unincorporated organization, proprietorship, business organization,
trust, association or other entity.
1.6.
“Proposal” means information, documents and samples provided by Contractor to BASC
pursuant to the RFP.
1.7.
“Services” means as defined in Section 3 of this Contract.
1.8.
“State” means the State of New York.
1.9.
“Equipment” means the equipment owned by the Contractor and provided to support the
distribution of Food Service Products
Form 4 - Page 1 of 20
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
Section 2 – TERM
2.1
The term of this Contract shall be five (5) years, beginning on [date] (the “Commencement
Date”) and ending on [date], unless otherwise terminated or extended pursuant to any of its
express provisions or other written agreement of the parties.
2.2
Corporation has two (2) successive one (1) -year renewal options. . Corporation may exercise
each option in its sole discretion. If Corporation elects NOT to renew this Contract, it will send
written notice to Contractor not less than 60 Days prior to the expiration date of this Contract or
such renewal year. Each renewal will be on the same terms and conditions as stated in this
Contract unless the parties enter into a written agreement specifically stating otherwise
2.3
At Corporation’s written request, Contractor shall continue to provide supply services for an
agreed-upon period beyond the termination of this Contract or any renewal term thereof on the
same terms and conditions as stated in this Contract.
Section 3 – SCOPE OF SERVICES – GENERAL
3.1
3.2
Scope of Services. Contractor shall provide to BASC the following services (the “Services”):
3.1.1
BASC appoints The Contractor to serve as the prime vendor to BASC locations of
food service within the product categories described in Form 2 (“Products”). BASC
must remain within established credit terms.
3.1.2
As “prime vendor”, The Contractor will be entitled to the higher of 80% of BASC’s
purchase requirements (not including retail, fresh produce, paper, and dairy items).
3.1.3
The Corporation will reserve the right to contract with one or more Food Service
Providers/National Brand for food and beverage services in its Food Service
Locations. This contact will not cause a Food Service Provider/ National Brand to
purchase beverage products from the Contractor.
3.1.4
The Corporation will reserve the right to utilize secondary suppliers if it is determined
by the Corporation that doing so would be in the Corporation's best interest. The
Corporation will also reserve the right to negotiate by line item, prior to any award,
and to place orders in any manner deemed by the Corporation to be in its best
interest.
Products Covered by this Agreement.
Products covered by this Agreement will be in the following categories:
1. Canned & Dry
7. Seafood - Fresh & Frozen
2. Frozen: Fruits, Vegetables, Bakery, etc.
8. Paper and Disposable
3. Dairy
9. Janitorial Supplies & Cleaning Chemicals
4. Meat - Fresh & Frozen
10. Supplies & Equipment
5. Produce
11. Dispenser Beverages
6. Poultry - CVP & Frozen
Form 4 - Page 2 of 20
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
3.3
Schedule. Contractor must provide deliveries to Corporation on a year-round basis on such
days and times as are set forth in the Schedule of Operations specified in Exhibit C, the
Delivery Procedures specified in Exhibit F, and incorporated herein by this reference, or as
otherwise required by Corporation from time to time.
3.4
Location. Deliveries by Contractor are to be provided at the locations and according to the
procedures specified in Exhibit F, and incorporated herein by this reference (“Delivery
Procedures”).
3.5
Program Review. Contractor shall reserve the right to request an increase in the pricing
specified in the Proposal only after ninety (90) days from the effective date of this Agreement.
Such a request will be made only in the case where the Corporation’s performance history
varies materially from the levels contemplated in the Corporation’s representations made to the
Contractor in negotiating this Agreement. If the parties are unable to agree on such an increase
and the Corporation’s performance history and / or contract compliance continue to vary from
that contemplated or required by this Agreement, Contractor may terminate this Agreement
upon thirty (30) days written notice to the Corporation.
3.6
Sales Incentive. The Proposal will describe a program through which BASC will earn a rebate*
on sales, to be paid out on an annual basis. The incentive will be based on three increasing
levels of annual sales which will earn an increasing percentage discount. This discount will be
calculated on June 30th of each year. Any payment due will be made on a timely basis.
3.7
Price Verification. BASC will be allowed a minimum of one and a maximum of two annual
price verification(s) for purchases made under this Agreement. Contractor will furnish computer
verification of Sell Prices for the Products to be price verified, subject to the following limitations:
3.7.1 Date, time and place of price verification must be mutually agreed;
3.7.2 Fifteen (15) working days’ notice to Contractor;
3.7.3 Items to be price verified should not exceed twenty (20) line items, and will be taken
from the price list or purchasing order guide.
3.8
Contractor Property. If any additional Equipment or Property are required to provide the
services, Contractor must provide and install, at no cost to Corporation, all trade fixtures,
machinery, equipment, furniture or other personal property not provided by Corporation or the
College, and necessary to supply Food Service Products (the “Contractor Property”).
Contractor Property will not become the property of Corporation or the College and may be
removed, at any time and from time to time during the term of this Contract and any renewals.
An initial inventory of Contractor Property is attached as Appendix II. Contractor must update
this inventory at least annually. All new equipment purchased by Contractor for use in supply of
Food Service Products, will be energy efficiency rated.
3.9
Installation.
3.9.1
Contractor property installations will be comprised of only new equipment.
3.9.2
Contractor must coordinate the installation of its equipment with the removal of
Equipment by the outgoing contractor to ensure a minimum period of time without
service.
3.9.3
Corporation reserves the right to inspect and approve all Equipment prior to installation
at the College.
3.9.4
Unless otherwise agreed by the parties, Contractor must deliver and install the
Form 4 - Page 3 of 20
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
Equipment within 30 Days following the effective date of this Contract.
3.9.5
3.10
At the reasonable request of Corporation or College and at no expenses to either of
them, Contractor must move Equipment within 48 hours of such request.
Service.
3.10.1 Contractor must, at its own expense, ensure that the Equipment are maintained in good
working order and that repairs are promptly made.
3.10.2 Contractor must establish and abide by a preventative maintenance program for all
Equipment.
3.10.3 Contractor must maintain a 24-hour service hot-line, including weekends and holidays,
for Corporation and College staff use.
3.10.4 Contractor must ensure that service personnel arrive to service Equipment within four
hours of placement of a service call. Contractor must maintain a log of all service calls
received and the disposition of each. This log must be available for Corporation’s
review.
3.10.5 Contractor must replace any Equipment that:
(A)
cannot be returned to full service within 72 hours of the Corporation’s or
College’s first service call;
(B)
has frequently recurring maintenance and/or mechanical problems; (For
purposes of this section "frequently recurring” means prompting six or more
service calls within 30 Days.)
(C)
is reaching its rated service life.
3.10.6 Any replacement Equipment must be of equal or superior quality to the Equipment
originally installed.
(A)
Contractor will replace any unusable product that is lost due to a failure directly
related to the Equipment.
Section 4 – INSURANCE
4.1
Prior to the commencement of the work to be performed by the Contractor hereunder, the
Contractor shall file with BASC, SUNY, and the State Certificates of Insurance (“Certificates”)
evidencing compliance with all insurance requirements contained in this Contract. Such
Certificates shall be of form and substance acceptable to BASC.
4.2
Acceptance and/or approval of the Certificates by BASC does not and shall not be construed to
relieve Contractor of any obligations, responsibilities or liabilities under the Contract.
4.3
All insurance required under this Contract shall be:
(i) obtained at the sole cost and expense of the Contractor ;
(ii) maintained with insurance carriers licensed to do business in the State of New York,
(iii) acceptable to BASC;
(iv) be primary and non-contributing to any insurance or self-insurance maintained by BASC;
Form 4 - Page 4 of 20
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
and
(v) endorsed to provide written notice be given to BASC at least thirty (30) days prior to the
cancellation, non-renewal, or material alteration of such policies, which notice, evidenced by
return receipt of United States Certified Mail, shall be sent to:
Brockport Auxiliary Services Corporation
Attn: Executive Director
350 New Campus Drive
The College at Brockport SUNY
Brockport, New York 14420
4.4
BASC, the College, SUNY, and the State, their officers, agents, and employees, shall be listed
as additional insureds on the Certificates issued under Section 4.1 above (attached to each
Certificate shall be a copy of the General Liability Additional Insured Endorsement on Insurance
Service Office’s (ISO) form number CG 20 26 11 85) and each Certificate or underlying policy
therefor shall include a severability of interest clause with respect to gross liability protecting
each named insured as though a separate policy had been issued to each. The additional
insured requirement does not apply to Workers Compensation or Disability.
4.5
The Contractor shall be solely responsible for the payment of all deductibles and self-insured
retentions to which such policies are subject. Deductibles and self-insured retentions must be
approved by BASC; provided, however, that such approval shall not be unreasonably withheld.
4.6
The Contractor shall require that any subcontractors hired by Contractor to perform the services
under this Contract carry insurance with the same limits and provisions provided herein.
4.7
Each insurance carrier must be rated at least “A-” Class “VII” in the most recently published
Best’s Insurance Report. If, during the term of the policy, a carrier’s rating falls below “A-” Class
“VII”, the insurance must be replaced no later than the renewal date of the policy with an insurer
acceptable to BASC and rated at least “A-” Class ”VII” in the most recently published Best’s
Insurance Report.
4.8
The Contractor shall cause all insurance to be in full force and effect as of the Commencement
Date of this Contract and to remain in full force and effect throughout the term of this Contract
and as further required by this Contract. The Contractor shall not take any action, or omit to
take any action that would suspend or invalidate any of the required coverage during the period
of time such coverage is required to be in effect.
4.9
Not less than thirty (30) days prior to the expiration date or renewal date of the Certificates
evidencing insurance coverage, the Contractor shall supply BASC with updated replacement
Certificates, and amendatory endorsements.
4.10
The Contractor, throughout the term of this Contract, or as otherwise required by this Contract,
shall obtain and maintain in full force and effect, the following insurance with limits not less than
those described below and as required by the terms of this Contract, or as required by law,
whichever is greater (limits may be provided through a combination of primary and
umbrella/excess policies):
a. Commercial General Liability Insurance. Commercial General Liability Insurance with a limit of
not less than $5,000,000 each occurrence. Such liability shall be written on the ISO occurrence
form CG 00 01, or a substitute form providing equivalent coverage and shall cover liability
arising from premises operations, independent contractors, products-completed operations,
broad form property damage, personal & advertising injury, cross liability coverage, liability
Form 4 - Page 5 of 20
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
assumed in a contract (including the tort liability of another assumed in a contract) and
explosion, collapse & underground coverage. This insurance for the additional insured shall be
as broad as the coverage provided for the Contractor or other named insured servicer. It shall
apply as primary insurance on a non-contributing basis before any other insurance or selfinsurance, including any deductible, maintained by or provided to, the additional insured.
4.11
b.
Workers Compensation, Employers Liability, and Disability Insurance. Workers
Compensation, Employers Liability, and Disability Benefits as required by the State. If
employees will be working on, near or over navigable waters, US Longshore and Harbor
Workers Compensation Act endorsement must be included.
c.
Comprehensive Business Automobile Liability Insurance. Comprehensive Business
Automobile Liability Insurance with a limit of not less than $1,000,000 each accident.
Such insurance shall cover liability arising out of any automobile including owned,
leased, hired and non-owned automobiles.
d.
Commercial Umbrella/Excess Insurance. Umbrella/excess liability insurance with limits
of not less than $4,000,000 with coverage for all additional insureds as required by this
Contract. The Umbrella/Excess policy shall supply excess limits over the General
Liability, Automobile Liability and Employer Liability limits referenced in this Agreement.
Waiver of Subrogation. Contractor shall cause to be included in each of its policies insuring
against loss, damage or destruction by fire or other insured casualty a waiver of the insurer’s
right of subrogation against BASC, the College, SUNY, and the State, and each of their officers,
agents, and employees for recovery of damages under the insurance policies referenced above,
or, if such waiver is unobtainable, (i) an express agreement that such policy shall not be
invalidated if Contractor waives or has waived before the casualty, the right of recovery against
BASC, the College, SUNY, and the State, and each of their officers, agents, and employees, or
(ii) any other form of permission for the release of BASC, the College, SUNY, and the State,
and each of their officers, agents, and employees.
Section 5 – ASSUMPTION OF RISK AND INDEMNIFICATION; WAIVER
5.1
Contractor is solely responsible for any and all injuries to persons (including death), damage to
property, and loss, expense, inconvenience and delay, arising out of or in connection with the
performance of Food Service Products supply operations, the Services and its obligations
under this Contract, or from any act, omission or negligence of Contractor, Contractor’s
directors, officers, agents or Staff.
5.2
Contractor agrees to indemnify, defend and hold harmless Corporation, the College, SUNY, the
State, The Dormitory Authority of the State of New York, and each trustee, director, officer,
employee, agent, successor and assign of any or all of them, from any and all actions, claims,
demands, damages, fines, losses, liabilities, judgments, liens, and expenses of any kind
(including, without limitation, court costs, attorneys’ fees and related disbursements), arising
out of or in connection with (i) the breach by Contractor of any of its agreements,
representations, warranties, covenants or obligations under this Contract, (ii) any personal
injury (including death) or damage to property resulting from negligent acts or omissions of
Contractor, (iii) the negligent acts, omissions, bad faith or intentional misconduct of Contractor,
(iv) the actual or alleged infringement or violation of any patent, copyright, trademark, service
mark, trade secret, or proprietary right, (v) bodily injury sustained by any employee of
Contractor or of Contractor’s subcontractors, franchisees or agents arising out of and in the
course of employment by Contractor or by Contractor’s subcontractor, franchisee or agent, (vi)
the performance of the Services and Food Service Products supply operations by Contractor
Form 4 - Page 6 of 20
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
and Contractor’s Staff, or (vii) any claim by the Internal Revenue Service that monies, services
or other support received by Corporation pursuant to this Contract constitute taxable unrelated
business income.
5.3
Contractor hereby releases BASC, the College, SUNY, the State, The Dormitory Authority of
the State of New York, and each trustee, director, officer, employee, agent, successor and
assign of any or all of them, from any and all liability hereunder.
5.4
The provisions of this Section 5 will survive the expiration of this Contract.
5.5
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 5 AND CONTRACTOR’S
OBLIGATIONS UNDER SECTION 5.2, IN NO EVENT WILL EITHER PARTY BE LIABLE
UNDER THIS CONTRACT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
Section 6 – CONTRACTOR’S INDEPENDENT STATUS
6.1.
The status of Contractor is that of an independent entity. Nothing contained in this Contract, nor
any act of the parties, will be construed as creating any partnership, joint venture, agency or
association of any kind, between any of Corporation, the College or SUNY and Contractor, nor
as making Corporation, the College or SUNY in any way responsible for the debts or losses of
Contractor.
6.2.
All personnel furnished by Contractor as required under this Contract are staff of Contractor (the
“Contractor’s Staff”), and not of Corporation, the College, SUNY, or the State, nor of any
affiliated entity, agency, department, board, authority or instrumentality of any of them and
Contractor alone is responsible for their work, their personal conduct while performing this
Contract and their direction and compensation. Nothing included in this Contract imposes any
liability or duty upon Corporation, the College, SUNY, or State to Contractor’s Staff, nor makes
Corporation, the College, SUNY, or State liable to any other Person or government for the acts,
omissions, liabilities, debts, liens, obligations or taxes of whatever nature, including but not
limited to unemployment insurance and Social Security taxes, of Contractor or Contractor’s
Staff.
6.3.
Contractor acknowledges that for the purposes of the Immigration Reform and Control Act of
1986 (the “Act”), Contractor is an “independent contractor” as defined in the Act and its
regulations, and that Corporation is not an “employer” under the terms of the Act and its
regulations with regard to the Services and the Food Service Products supply operations. As a
result, the responsibility of complying with the provisions of the Act lie solely with Contractor.
6.3.1. Contractor expressly represents that it is aware of the requirements of the Act with
regard to the employer’s responsibility for ensuring compliance with the Act and its
regulations, and for maintaining the proper forms showing that the verification process
was completed.
6.3.2. Contractor expressly represents to Corporation Contractor’s intention to abide by the
provisions of the Act.
6.3.3. At Corporation or the College’s request, Contractor shall produce for inspection its
records evidencing Contractor’s compliance with the Act.
6.3.4. Contractor agrees that to the extent permitted by Law, Contractor will defend, indemnify
and hold harmless Corporation, the College, SUNY, and the State, and each trustee,
Form 4 - Page 7 of 20
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
director, officer, employee, agent, successor and assign of any or all of them, for any
penalty which may be applied to any one or all of them as the result of the hiring by
Contractor of an unauthorized alien during the term of this Contract.
6.4.
Contractor will permit no liens whatsoever to be placed against the property of Corporation or
College and, should such liens attach, Contractor will take all steps necessary to accomplish the
prompt removal of them.
Section 7 – SUBCONTRACTORS
7.1.
Contractor will (a) not use any subcontractors to perform any Services without the Corporation’s prior
written consent, (b) indemnify and hold the Corporation, the College, SUNY, and the State harmless
from any payment required to be paid to any such subcontractors, (c) be liable for all acts of all
Contractor’s subcontractors, and (d) will provide additional information to BASC upon the
Corporation’s reasonable request relating to subcontractors providing Services.
Section 8 – USE OF NAME; ADVERTISING, DISPLAYS
8.1.
Contractor may not use the name, or any logo, mascot, seal, trademark, trade name or other
proprietary mark of Corporation, the College, SUNY or any other constituent college of SUNY, for
brand or product endorsement. Any other such use is subject to Corporation’s prior written
approval.
Section 9 – TERMINATION
9.1.
Termination for Cause. Corporation may terminate this Contract, effective upon written notice to
Contractor as follows:
9.1.1. If Contractor materially breaches this Contract, and (i) such breach is incapable of cure; or
(ii) being capable of cure, such breach remains uncured fifteen (15) days after Corporation
provides Contractor with written notice thereof.
9.1.2. If Contractor: (i) becomes insolvent or admits inability to pay its debts generally as they
become due; (ii) becomes subject, voluntarily or involuntarily, to any proceeding under any
domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven (7)
business days or is not dismissed or vacated within forty-five (45) days after filing; (iii) is
dissolved or liquidated or takes any corporate action for such purpose; (iv) makes a general
assignment for the benefit of creditors; or (v) has a receiver, trustee, custodian or similar
agent appointed by order of any court of competent jurisdiction to take charge of or sell any
material portion of its property or business.
9.1.3. Termination for cause under this Section 9.1 constitutes grounds for a finding of nonresponsibility for other SUNY-affiliated contracts. Corporation’s failure to exercise any
remedy accruing upon the default of Contractor will not be deemed a waiver of or
acquiescence in any future default.
9.2. Termination For Convenience.
9.2.1.
Corporation may terminate this Contract in its best interests upon ninety (90) Days’ prior
written notice to Contractor.
9.2.2.
Contractor may terminate this Contract in its best interests upon one hundred eighty (180)
Days’ prior written notice to Corporation.
Form 4 - Page 8 of 20
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
9.3. Removal of Equipment. Upon expiration or termination of this Contract, Contractor must remove
Contractor Property from the College premises within ten Days of the date of expiration or notice of
termination, as the case may be. Contractor must repair all damage caused by the installation or
removal of such Contractor Property. Such Contractor Property not removed from College campus will
be deemed abandoned.
9.4. The rights of termination referred to in this Contract are not intended to be exclusive and are in
addition to any other rights available to either party in Law or in equity.
Section 10 – COMPLIANCE WITH LAW
10.1.
Contractor and Contractor’s Staff must comply with all applicable federal, state and local Laws
governing Food Service Products supply operations as well as all applicable Corporation, College
and SUNY rules and regulations, and must timely secure, maintain and pay for all federal, state
and local licenses, permits, certificates or other authorizations required for the proper and lawful
conduct of Food Service Products supply operations.
10.2.
Contractor is solely responsible for taxes, assessments and fees required or assessed in
connection with Food Service Products supply operations, including, but not limited to, all
applicable sales, use, excise and payroll taxes, and federal, state and local income taxes and must
make timely applications, reports and returns required in connection therewith.
Section 11 – PERIOD OF LIMITATION
Contractor may not bring any action against Corporation based upon any claim arising out of
this Contract unless it commences the action within six months from the date when the cause of action
accrued.
Section 12 – SUNY RELATED ENTITY REQUIREMENTS
Contractor acknowledges that this Contract is a subcontract of services to be provided by
Corporation to the College and SUNY, and as such, is subject to the Standard Contract Clauses set
forth in Appendix I to this Contract. Termination by SUNY of its agreement with Corporation, in whole
or in applicable part, for any reason whatsoever, will cause the simultaneous termination of this
Contract without penalty of any kind.
Section 13 – CONTRACT DOCUMENTS
Contractor’s Proposal is attached to this Contract as Appendix II and made a part of the
Contract. In the event of any inconsistency in, or conflict between, Contractor’s Proposal and any other
part of this Contract, such other part of the Contract shall control.
Section 14 – REPRESENTATIONS AND WARRANTIES
14.1.
The Contractor represents and warrants to the Corporation that:
14.1.1.
it is duly organized, validly existing and in good standing as a corporation or other
entity as represented herein under the laws and regulations of its jurisdiction of
incorporation, organization or chartering;
14.1.2.
it has the full right, power and authority to enter into this Contract, to grant the rights
and licenses granted hereunder and to perform its obligations hereunder;
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
14.1.3.
the execution of this Contract by its representative whose signature is set forth at the
end hereof has been duly authorized by all necessary corporate action of the party;
14.1.4.
when executed and delivered by such party, this Contract will constitute the legal,
valid and binding obligation of such party, enforceable against such party in
accordance with its terms;
14.1.5.
it will furnish only qualified and competent personnel to perform the Services and the
Food Service Products supply operations under this Contract and that all work will be
done in a good and workmanlike manner in accordance with commercially
reasonable industry standards for similar services and shall devote adequate
resources to meet its obligations under this Contract;
14.1.6.
it will be solely responsible for insuring that the Services provided under this
Agreement comply with BASC’s and SUNY’s requirements and the scope of
Services under this Contract;
14.1.7.
the performance of Services and the deliverables, as delivered by Contractor and
used in accordance with this Contract: (i) will not infringe, misappropriate or
otherwise violate any intellectual property rights or other rights of any third party; and
(ii) will comply with all applicable Laws.
Section 15 – MISCELLANEOUS
15.1.
Governing Law; Choice of Forum. This Contract is governed by the laws of the State of New
York, except where the Federal supremacy clause requires otherwise. All claims and actions
brought under or arising from this Contract must be brought either in the state and federal courts
Monroe County, New York.
15.2.
Assignment. This Contract is personal to Contractor. Contractor shall not assign or otherwise
transfer any of its rights, or subcontract, delegate or otherwise transfer any of its obligations or
performance, under this Contract, in each case whether voluntarily, involuntarily, by operation of
law or otherwise, without BASC’s prior written consent. No delegation or other transfer will relieve
Contractor of any of its obligations or performance under this Contract and any purported
assignment, delegation or transfer in violation of this Section 15.2 is void. BASC may freely assign
or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its
obligations or performance, under this Contract without Contractor’s consent. This Contract is
binding upon and inures to the benefit of the parties hereto and their respective permitted
successors and assigns.
15.3.
Severability. The terms, clauses and provisions of this Contract are intended to be severable.
Declaration of the invalidity, unenforceability, unconstitutionality, illegality or unconscionability of
any term, clause or provision will in no way defeat the effect, enforceability or validity of any other
term, clause or provision.
15.4.
Interpretation. For purposes of this Contract, (a) the words "include," "includes" and "including"
shall be deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive;
and (c) the words "herein," "hereof," "hereby," "hereto" and "hereunder" refer to this Contract as a
whole. Unless the context otherwise requires, references herein: (x) to Sections, Appendices and
Exhibits refer to the Sections of, and Appendices and Exhibits attached to, this Contract; (y) to an
agreement, instrument or other document means such agreement, instrument or other document
as amended, supplemented and modified from time to time to the extent permitted by the
provisions thereof and (z) to a statute means such statute as amended from time to time and
includes any successor legislation thereto and any regulations promulgated thereunder. This
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
Contract shall be construed without regard to any presumption or rule requiring construction or
interpretation against the party drafting an instrument or causing any instrument to be drafted. The
Appendices and Exhibits referred to herein shall be construed with, and as an integral part of, this
Contract to the same extent as if they were set forth verbatim herein.
15.5.
Headings and Language Interpretation. The headings used herein have been inserted for
reference only and are not substantive parts of this Contract. The use of the singular or plural form
includes the other form.
15.6.
Waiver. No waiver by any party of any of the provisions of this Contract shall be effective unless
explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this
Contract, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege
arising from this Contract shall operate or be construed as a waiver thereof; nor shall any single or
partial exercise of any right, remedy, power or privilege hereunder preclude any other or further
exercise thereof or the exercise of any other right, remedy, power or privilege.
15.7.
Merger; Amendment. This Contract supersedes any and all other agreements, written or oral,
between the parties hereto, and constitutes the entire agreement between the parties with respect
to the subject matter hereof. Accordingly, this Contract may not be altered, amended, modified, or
otherwise changed, except by a document in writing signed by each party.
15.8.
Notices. All notices or other communications which are required or permitted pursuant to the terms
of this Contract must be in writing and must be delivered personally, by overnight courier, or by fax
machine or deposited in the United States mail, postage prepaid, registered or certified mail, to
Contractor or Corporation, as the case may be, at their respective addresses as set forth at the
beginning of this Contract, or at such other addresses as may have been specified by written
notice delivered in accordance with this Section. Such notices and other communications will be
deemed to have been given or made when so delivered or deposited. Nothing in this Section may
be deemed to be a waiver of any requirements for service as provided by Law.
15.9.
All Lawful Provisions Deemed Included. It is the intent and understanding of the parties to this
Contract that every provision of Law required to be inserted in this Contract be and is inserted in it.
If through mistake or otherwise, any required provision is not included, or is not included in correct
form, then this Contract will, upon the application of either party, promptly be amended so as to
comply strictly with the Law and without prejudice to the rights of either party.
15.10. Set-off Rights. Corporation has all of its common law, equitable and statutory rights of set-off.
These rights include, but are not be limited to, Corporation’s option to withhold for the purposes of
set-off any moneys due to Contractor under this Contract up to any amounts due and owing to
Corporation with regard to this Contract, any other contract with Corporation, including any contract
for a term commencing prior to the term of this Contract, plus any amounts due and owing to
Corporation from Contractor for any other reason including, without limitation, tax delinquencies,
fee delinquencies or monetary penalties relative thereto.
15.11. Counterparts. This Contract may be executed in counterparts, each of which shall be deemed an
original, but all of which together shall be deemed to be one and the same agreement. A signed
copy of this Contract delivered by facsimile, e-mail or other means of electronic transmission shall
be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
[SIGNATURE PAGE FOLLOWS]
Form 4 - Page 11 of 20
Request For Proposals: Prime Supply - Food Service Products
Form 4 - Page 12 of 20
Brockport Auxiliary Service Corporation
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
IN WITNESS WHEREOF, the parties have signed this Contract:
CONTRACTOR:
CORPORATION:
By:
By:
Name:
Name: Dana A. Weiss
Title:
Title: Executive Director
Date:
Date:
Form 4 - Page 13 of 20
Request For Proposals: Prime Supply - Food Service Products
Form 4 - Page 14 of 20
Brockport Auxiliary Service Corporation
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
APPENDIX I
Standard Contract Clauses
State University of New York
February 11, 2014
1. EXECUTORY CLAUSE. In accordance with
Section 41 of the State Finance Law, the State shall have no liability under this contract to the Contractor or to anyone
else beyond funds appropriated and available for this contract.
2. PROHIBITION AGAINST ASSIGNMENT Except for the assignment of its right to receive payments subject to
Article 5-A of the State Finance Law, the Contractor selected to perform the services herein are prohibited in
accordance with Section 138 of the State Finance Law from assigning, transferring, conveying, subletting or otherwise
disposing of its rights, title or interest in the contract without the prior written consent of SUNY and attempts to do so
are null and void. Notwithstanding the foregoing, SUNY may, with the concurrence of the New York Office of State
Comptroller, waive prior written consent of the assignment, transfer, conveyance, sublease or other disposition of a
contract let pursuant to Article XI of the State Finance Law if the assignment, transfer, conveyance, sublease or other
disposition is due to a reorganization, merger or consolidation of Contractor’s its business entity or enterprise and
Contractor so certifies to SUNY. SUNY retains the right, as provided in Section 138 of the State Finance Law, to
accept or reject an assignment, transfer, conveyance, sublease or other disposition of the contract, and to require that
any Contractor demonstrate its responsibility to do business with SUNY.
3. COMPTROLLER'S APPROVAL. (a) In accordance with Section 112 of the State Finance Law, Section 355 of New
York State Education Law, and 8 NYCRR 316, Comptroller’s approval is not required for the following contracts: (i)
materials; (ii) equipment and supplies, including computer equipment; (iii) motor vehicles; (iv) construction; (v)
construction-related services; (vi) printing; and (vii) goods for State University health care facilities, including
contracts for goods made with joint or group purchasing arrangements.
(b) Comptroller’s approval is required for the following contracts: (i) contracts for services not listed in Paragraph
(3)(a) above made by a State University campus or health care facility certified by the Vice Chancellor and Chief
Financial Officer, if the contract value exceeds $250,000; (ii) contracts for services not listed in Paragraph (3)(a)
above made by a State University campus not certified by the Vice Chancellor and Chief Financial Officer, if the
contract value exceeds $50,000; (iii) contracts for services not listed in Paragraph (3)(a) above made by health care
facilities not certified by the Vice Chancellor and Chief Financial Officer, if the contract value exceeds $75,000; (iv)
contracts whereby the State University agrees to give something other than money, when the value or reasonably
estimated value of such consideration exceeds $10,000; (v) contracts for real property transactions if the contract
value exceeds $50,000; (vi) all other contracts not listed in Paragraph 3(a) above, if the contract value exceeds
$50,000, e.g. SUNY acquisition of a business and New York State Finance Article 11-B contracts and (vii)
amendments for any amount to contracts not listed in Paragraph (3)(a) above, when as so amended, the contract
exceeds the threshold amounts stated in Paragraph (b) herein. However, such pre-approval shall not be required for
any contract established as a centralized contract through the Office of General Services or for a purchase order or
other transaction issued under such centralized contract.
(c) Any contract that requires Comptroller approval shall not be valid, effective or binding upon the State University
until it has been approved by the Comptroller and filed in the Comptroller’s office.
4. WORKERS' COMPENSATION BENEFITS. In accordance with Section 142 of the State Finance Law, this
contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the
life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers'
Compensation Law.
5. NON-DISCRIMINATION REQUIREMENTS. To the extent required by Article 15 of the Executive Law (also known
as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions,
the Contractor will not discriminate against any employee or applicant for employment because of race, creed, color,
sex, (including gender identity or expression), national origin, sexual orientation, military status, age, disability,
predisposing genetic characteristics, marital status or domestic violence victim status. Furthermore, in accordance
with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building
or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that
this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors
shall, by reason of race, creed, color, disability, sex, or national origin: (a) discriminate in hiring against any New York
State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee
hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of
Form 4 - Page 15 of 20
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors
shall by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New
York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any
employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person
per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture
of all moneys due hereunder for a second or subsequent violation
6. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the Labor Law or a
building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its
subcontractors may be required or permitted to work more than the number of hours or days stated in said statutes,
except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued
by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage
rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by
the State Labor Department in accordance with the Labor Law. Additionally, effective April 28, 2008, if this is a public
work contract covered by Article 8 of the Labor Law, the Contractor understands and agrees that the filing of payrolls
in a manner consistent with Subdivision 3-a of Section 220 of the Labor Law shall be a condition precedent to
payment by SUNY of any SUNY-approved sums due and owing for work done upon the project.
7. NON-COLLUSIVE BIDDING CERTIFICATION. In accordance with Section 139-d of the State Finance Law, if this
contract was awarded based on the submission of competitive bids, Contractor affirms, under penalty of perjury, and
each person signing on behalf of Contractor, and in the case of a joint bid each party thereto certifies as to its own
organization, under penalty of perjury, that to the best of its knowledge and belief that its bid was arrived at
independently and without collusion aimed at restricting competition. Contractor further affirms that, at the time
Contractor submitted its bid, an authorized and responsible person executed and delivered to SUNY a non-collusive
bidding certification on Contractor’s behalf.
8. INTERNATIONAL BOYCOTT PROHIBITION. In accordance with Section 220-f of the Labor Law and Section 139h of the State Finance Law, if this contract exceeds $5,000, the Contractor agrees, as a material condition of the
contract, that neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation
has participated, is participating, or shall participate in an international boycott in violation of the federal Export
Administration Act of 1979 (50 USC App. Sections 2401 et seq.) or regulations thereunder. If such Contractor, or any
of the aforesaid affiliates of Contractor, is convicted or is otherwise found to have violated said laws or regulations
upon the final determination of the United States Commerce Department or any other appropriate agency of the
United States subsequent to the contract's execution, such contract, amendment or modification thereto shall be
rendered forfeit and void. The Contractor shall so notify the State Comptroller within five (5) business days of such
conviction, determination or disposition of appeal (2 NYCRR 105.4).
9. SET-OFF RIGHTS. The State shall have all of its common law, equitable and statutory rights of set-off. These
rights shall include, but not be limited to, the State 's option to withhold for the purposes of set-off any moneys due to
the Contractor under this contract up to any amounts due and owing to the State with regard to this contract, any
other contract with any State department or agency, including any contract for a term commencing prior to the term of
this contract, plus any amounts due and owing to the State for any other reason including, without limitation, tax
delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with
normal State practices including, in cases of set-off pursuant to an audit, the finalization of such audit by the State, its
representatives, or the State Comptroller.
10. RECORDS. The Contractor shall establish and maintain complete and accurate books, records, documents,
accounts and other evidence directly pertinent to performance under this contract (hereinafter, collectively, "the
Records"). The Records must be kept for the balance of the calendar year in which they were made and for six (6)
additional years thereafter. The State Comptroller, the Attorney General and any other person or entity authorized to
conduct an examination, as SUNY and its representatives and entities involved in this contract, shall have access to
the Records during normal business hours at an office of the Contractor within the State of New York or, if no such
office is available, at a mutually agreeable and reasonable venue within the State, for the term specified above for the
purposes of inspection, auditing and copying. SUNY shall take reasonable steps to protect from public disclosure any
of the Records which are exempt from disclosure under Section 87 of the Public Officers Law (the "Statute") provided
that: (i) the Contractor shall timely inform an appropriate SUNY official, in writing, that said Records should not be
disclosed; and (ii) said Records shall be sufficiently identified; and (iii) designation of said Records as exempt under
the Statute is reasonable. Nothing contained herein shall diminish, or in any way adversely affect, SUNY’s or the
State's right to discovery in any pending or future litigation.
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Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
11. IDENTIFYING INFORMATION AND PRIVACY NOTIFICATION.
Identification Number(s). Every invoice or New York State Claim for Payment submitted to the State University of
New York by a payee, for payment for the sale of goods or services or for transactions (e.g., leases, easements,
licenses, etc.) related to real or personal property must include the payee's identification number. The number is any
or all of the following: (i) the payee’s Federal employer identification number, (ii) the payee’s Federal social security
number, and/or (iii) the payee’s Vendor Identification Number assigned by the Statewide Financial System. Failure to
include such number or numbers may delay payment. Where the payee does not have such number or numbers, the
payee, on its invoice or Claim for Payment, must give the reason or reasons why the payee does not have such
number or numbers.
(b) Privacy Notification. (1) The authority to request the above personal information from a seller of goods or services
or a lessor of real or personal property, and the authority to maintain such information, is found in Section 5 of the
State Tax Law. Disclosure of this information by the seller or lessor to the State University of New York is mandatory.
The principal purpose for which the information is collected is to enable the State to identify individuals, businesses
and others who have been delinquent in filing tax returns or may have understated their tax liabilities and to generally
identify persons affected by the taxes administered by the Commissioner of Taxation and Finance. The information
will be used for tax administration purposes and for any other purpose authorized by law. (2) The personal
information is requested by the purchasing unit of the State University of New York contracting to purchase the goods
or services or lease the real or personal property covered by this contract or lease. The information is maintained in
the Statewide Financial System by the Vendor Management Unit within the Bureau of State Expenditures, Office of
the State Comptroller, 110 State Street, Albany, New York 12236.
12. EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN.
(a) In accordance with Section 312 of the Executive Law and 5 NYCRR 143, if this contract is: (i) a written agreement
or purchase order instrument, providing for a total expenditure in excess of $25,000.00, whereby a contracting agency
is committed to expend or does expend funds in return for labor, services, supplies, equipment, materials or any
combination of the foregoing, to be performed for, or rendered or furnished to the contracting agency; or (ii) a
written agreement in excess of $100,000.00 whereby a contracting agency is committed to expend or does expend
funds for the acquisition, construction, demolition, replacement, major repair or renovation of real property and
improvements thereon; or (iii) a written agreement in excess of $100,000.00 whereby the owner of a State assisted
housing project is committed to expend or does expend funds for the acquisition, construction, demolition,
replacement, major repair or renovation of real property and improvements thereon for such project, then the following
shall apply and by signing this agreement the Contractor certifies and affirms that it is Contractor’s equal employment
opportunity policy that:
(1) The Contractor will not discriminate against employees or applicants for employment because of race,
creed, color, national origin, sex, age, disability or marital status, and will undertake or continue existing
programs of affirmative action to ensure that minority group members and women are afforded equal
employment opportunities without discrimination. Affirmative action shall mean recruitment, employment, job
assignment, promotion, upgradings, demotion, transfer, layoff, or termination and rates of pay or other forms
of compensation;
(2) at SUNY’s request, Contractor shall request each employment agency, labor union, or authorized
representative of workers with which it has a collective bargaining or other agreement or understanding, to
furnish a written statement that such employment agency, labor union or representative will not discriminate
on the basis of race, creed, color, national origin, sex, age, disability or marital status and that such union or
representative will affirmatively cooperate in the implementation of the Contractor's obligations herein; and
(3) Contractor shall state, in all solicitations or advertisements for employees, that, in the performance of the
State contract, all qualified applicants will be afforded equal employment opportunities without discrimination
because of race, creed, color, national origin, sex, age, disability or marital status.
(b) Contractor will include the provisions of "1", "2" and "3", above, in every subcontract over $25,000.00 for the
construction, demolition, replacement, major repair, renovation, planning or design of real property and improvements
thereon (the "Work") except where the Work is for the beneficial use of the Contractor. Section 312 does not apply to:
(i) work, goods or services unrelated to this contract; or (ii) employment outside New York State. The State shall
consider compliance by a Contractor or sub-contractor with the requirements of any federal law concerning equal
employment opportunity which effectuates the purpose of this section. SUNY shall determine whether the imposition
of the requirements of the provisions hereof duplicate or conflict with any such federal law and if such duplication or
conflict exists, SUNY shall waive the applicability of Section 312 to the extent of such duplication or conflict.
Contractor will comply with all duly promulgated and lawful rules and regulations of the Department of Economic
Development’s Division of Minority and Women's Business Development pertaining hereto.
Form 4 - Page 17 of 20
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
13. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all
attachments thereto and amendments thereof) and the terms of this Appendix, the terms of this Appendix shall
control.
14. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the
Federal supremacy clause requires otherwise.
15. LATE PAYMENT. Timeliness of payment and any interest to be paid to Contractor for late payment shall be
governed by Article 11-A of the State Finance Law to the extent required by law.
16. NO ARBITRATION. Disputes involving this contract, including the breach or alleged breach thereof, may not be
submitted to binding arbitration (except where statutorily authorized) but must, instead, be heard in a court of
competent jurisdiction of the State of New York.
17. SERVICE OF PROCESS. In addition to the methods of service allowed by the State Civil Practice Law & Rules
("CPLR"), Contractor hereby consents to service of process upon it by registered or certified mail, return receipt
requested. Service hereunder shall be complete upon Contractor's actual receipt of process or upon the State's
receipt of the return thereof by the United States Postal Service as refused or undeliverable. Contractor must
promptly notify the State, in writing, of each and every change of address to which service of process can be made.
Service by the State to the last known address shall be sufficient. Contractor will have thirty (30) calendar days after
service hereunder is complete in which to respond.
18. PROHIBITION ON PURCHASE OF TROPICAL HARDWOODS. The Contractor certifies and warrants that all
wood products to be used under this contract award will be in accordance with, but not limited to, the specifications
and provisions of State Finance Law §165 (Use of Tropical Hardwoods), which prohibits purchase and use of tropical
hardwoods, unless specifically exempted, by the State or any governmental agency or political subdivision or public
benefit corporation. Qualification for an exemption under this law will be the responsibility of the contractor to
establish to meet with the approval of the State. In addition, when any portion of this contract involving the use of
woods, whether supply or installation, is to be performed by any subcontactor, the prime Contractor will indicate and
certify in the submitted bid proposal that the subcontractor has been informed and is in compliance with specifications
and provisions regarding use of tropical hardwoods as detailed in Section 165 of the State Finance Law. Any such
use must meet with the approval of the State, otherwise, the bid may not be considered responsive. Under bidder
certification, proof of qualification for exemption will be the responsibility of the Contractor to meet with the approval of
the State.
19. MacBRIDE FAIR EMPLOYMENT PRINCIPLES. In accordance with the MacBride Fair Employment Principles
(Chapter 807 of the Laws of 1992) , the Contractor hereby stipulates that Contractor and any individual or legal entity
in which the Contractor holds a ten percent or greater ownership interest and any individual or legal entity that holds
a ten percent or greater ownership interest in the Contractor either (a) have no business operations in Northern
Ireland, or (b) shall take lawful steps in good faith to conduct any business operations in Northern Ireland in
accordance with the MacBride Fair Employment Principles (as described in Section 165(5) of the State Finance Law),
and shall permit independent monitoring of compliance with such principles.
20. OMNIBUS PROCUREMENT ACT OF 1992.
It is the policy of New York State to maximize opportunities for the participation of New York State business
enterprises, including minority and women-owned business enterprises as bidders, subcontractors and suppliers on
its procurement contracts.
Information on the availability of New York State subcontractors and suppliers is available from:
NYS Department of Economic Development
Division for Small Business
30 South Pearl St., 7th Floor
Albany, NY 12245
Tel: 518-292-5100
Fax: 518-292-5884
email: opa@esd.ny.gov
Form 4 - Page 18 of 20
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
A directory of certified minority and women-owned business enterprises is available from:
NYS Department of Economic Development
Division of Minority and Women’s Business Development
633 Third Avenue
New York, NY 10017
212-803-2414
email: mwbecertification@esd.ny.gov
https://ny.newnycontracts.com/FrontEnd/VendorSearchPublic.asp
The Omnibus Procurement Act of 1992 requires that by signing this bid proposal or contract, as applicable,
Contractors certify that whenever the total bid amount is greater than $1 million:
(a) The Contractor has made reasonable efforts to encourage the participation of New York State Business
Enterprises as suppliers and subcontractors, including certified minority and women-owned business enterprises, on
this project, and has retained the documentation of these efforts to be provided upon request to SUNY;
(b) The Contractor has complied with the Federal Equal Employment Opportunity Act of 1972 (P.L. 92-261), as
amended;
(c) The Contractor agrees to make reasonable efforts to provide notification to New York State residents of
employment opportunities on this project through listing any such positions with the Job Search Division of the New
York State Department of Labor, or providing such notification in such manner as is consistent with existing collective
bargaining contracts or agreements. The contractor agrees to document these efforts and to provide said
documentation to the State upon request; and
(d) The Contractor acknowledges notice that SUNY may seek to obtain offset credits from foreign countries as a
result of this contract and agrees to cooperate with SUNY in these efforts.
21. RECIPROCITY AND SANCTIONS
PROVISIONS. Bidders are hereby notified that if their principal place of business is located in a country, nation,
province, state or political subdivision that penalizes New York State vendors, and if the goods or services they offer
will be substantially produced or performed outside New York State, the Omnibus Procurement Act of 1994 and 2000
amendments (Chapter 684 and Chapter 383, respectively) require that they be denied contracts which they would
otherwise obtain. Contact the NYS Department of Economic Development, Division for Small Business, 30 South
Pearl Street, Albany, New York 12245, for a current list of jurisdictions subject to this provision.
22. COMPLIANCE WITH NEW YORK STATE INFORMATION SECURITY BREACH AND NOTIFICATION ACT.
Contractor shall comply with the provisions of the New York State Information Security Breach and Notification Act
(General Business Law Section 899-aa; State Technology Law Section 208).
23. COMPLIANCE WITH CONSULTANT DISCLOSURE LAW If this is a contract for consulting services, defined for
purposes of this requirement to include analysis, evaluation, research, training, data processing, computer
programming, engineering, environmental health and mental health services, accounting, auditing, paralegal, legal or
similar services, then in accordance with Section 163(4-g) of the State Finance Law, the Contractor shall timely,
accurately and properly comply with the requirement to submit an annual employment report for the contract to SUNY,
the Department of Civil Service and the State Comptroller.
24. PURCHASES OF APPAREL AND SPORTS EQUIPMENT. In accordance with State Finance Law Section
165(7), SUNY may determine that a bidder on a contract for the purchase of apparel or sports equipment is not a
responsible bidder as defined in State Finance Law Section 163 based on (a) the labor standards applicable to the
manufacture of the apparel or sports equipment, including employee compensation, working conditions, employee
rights to form unions and the use of child labor; or (b) bidder’s failure to provide information sufficient for SUNY to
determine the labor conditions applicable to the manufacture of the apparel or sports equipment.
25. PROCUREMENT LOBBYING. To the extent this agreement is a “procurement contract” as
defined by State Finance Law Sections 139-j and 139-k, by signing this agreement the contractor certifies and affirms
that all disclosures made in accordance with State Finance Law Sections 139-j and 139-k are complete, true and
accurate. In the event such certification is found to be intentionally false or intentionally incomplete, the State may
terminate the agreement by providing written notification to the Contractor in accordance with the terms of the
agreement.
Form 4 - Page 19 of 20
Request For Proposals: Prime Supply - Food Service Products
Brockport Auxiliary Service Corporation
26. CERTIFICATION OF REGISTRATION TO COLLECT SALES AND COMPENSATING USE TAX BY CERTAIN
STATE CONTRACTORS, AFFILIATES AND SUBCONTRACTORS. To the extent this agreement is a contract as
defined by Tax Law Section 5-a, if the Contractor fails to make the certification required by Tax Law Section 5-a or if
during the term of the contract, the Department of Taxation and Finance or SUNY discovers that the certification,
made under penalty of perjury, is false, then such failure to file or false certification shall be a material breach of this
contract and this contract may be terminated, by providing written notification to the Contractor in accordance with the
terms of the agreement, if SUNY determines that such action is in the best interests of the State.
27. IRAN DIVESTMENT ACT. By entering into this Agreement, Contractor certifies in accordance with State Finance
Law §165-a that it is not on the “Entities Determined to be Non-Responsive Bidders/Offerers pursuant to the New
York State Iran Divestment Act of 2012” (“Prohibited Entities List”) posted at:
http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf
Contractor further certifies that it will not utilize on this Contract any subcontractor that is identified on the Prohibited
Entities List. Contractor agrees that should it seek to renew or extend this Contract, it must provide the same
certification at the time the Contract is renewed or extended. Contractor also agrees that any proposed Assignee of
this Contract will be required to certify that it is not on the Prohibited Entities List before the contract assignment will
be approved by the State.
During the term of the Contract, should the state agency receive information that a person (as defined in State
Finance Law §165-a) is in violation of the above-referenced certifications, the state agency will review such
information and offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its
engagement in the investment activity which is in violation of the Act within 90 days after the determination of such
violation, then the state agency shall take such action as may be appropriate and provided for by law, rule, or
contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the
Contractor in default.
The state agency reserves the right to reject any bid, request for assignment, renewal or extension for an entity that
appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to
pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited
Entities list after contract award.
Form 4 - Page 20 of 20